Bolivia Trademark Registration

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1. Is registration of a trademark mandatory?

   Trademark registration is necessary and advantageous, as well as for any other distincitve sign used to identify a product or service, because registration grants the owner the exclusive right to authorize or forbid the use of the mark or sign in commerce, imports, exports, all which throughout time add economic value to the mark.

2. Which Intellectual Property rights are registrable?

   Any distinctive sign which serves to differentiate a product or service from the products or services of others. This includes signs such as one or more words with or without conceptual content, drawings, symbols, monograms, engravings, prints, stamps, images, color combinations that are applied in a particular location of the goods or packaging, letters and tnumbers, packaging, advertising phrases that are original, etc.

3. Can a trademark be registered for covering a commercial establishment which activity is focused in selling goods to consumers, for example retail stores? If so, how is the registration procedure? Are there any special requirements for it?

   The proceeding and cost of registering a Comercial Establishment are the same as the ones for Trademark Registration.

4. Is there any advantage in using a trademark before filing an application?

   No. Ownership of a mark and the exclusive right to use it are obtained only through registration.

5. How long does the registration process take?

   In the absence of objections and oppositions, the registration process takes approximately 12 months.

6. Is there any requirement of use for registered trademarks? If so, what happens in case it is not used?

   If a trademark is not used for any continuous period of three years since the registration date, in Bolivia or any other member country of the Andean Pact, then the registration will become vulnerable to cancellation for nonuse; however, cancellation will only occur at the request of an interested third party. A cancellation action can be used as a defense argument during an opposition. Nonuse of a mark may be excused under certain circumstances. During the three years immediately following grant, a trademark is not vulnerable to cancellation.

7. In the case of a registered mixed trademark (word + logo), is it possible to include in the logo, different or additional words from those mentioned in the word mark?

   Yes, according to the applicants requirements through a mixed mark protection over both elemnts (verbal and figurative) can be obtained.

8. How can I know which is the due date for the renewal of a registered trademark?

   The term/renewal date of a registration is 10 years from the registration grant date.

9. When should I pay the renewal fee of my registered trademark?

   A renewal must be filed during the six month period expiring with the renewal date.

10. Is it possible to pay the renewal fee of a patent after the renewal due date has expired? If so, when should I pay?

    It is possible to renew for six months after the renewal date. Renewal is not possible after this grace period lapses.

11. What documents are required for filing a trademark or renewal application?

    A power of attorney (authorization form) executed by the proprietor, notarized and legalized up to the Bolivian consulate at the applicant's country.

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