The current trademark regulations in Bolivia are mainly based on the 1918 Trademark Law, which was last revised in December 2000. The Bolivian National Industrial Property Office is responsible for managing trademark affairs and the official language is Spanish. Trademark exclusive rights need to be obtained through registration. Trademark registration is not mandatory, but in order to protect the trademark or renew it, it must be registered in accordance with the law. The trademark registration in Bolivia follows the principle of "application first".
Bolivia is a party to international intellectual property treaties such as the TRIPS Agreement, Paris Convention, WIPO Convention, Andean Treaty, and Nairobi Treaty, and has not yet joined the Madrid System. Therefore, trademark registration can only be processed through "single country registration".
At present, the Bolivian National Institute of Industrial Property adopts the Nice Classification 11th edition for the description of goods and services and does not accept applications with multiple categories in one form. The elements that can be registered as trademarks in Bolivia include: text, name, graphics, three-dimensional identification, color combination, slogan, sound, commercial appearance (packaging), smell, etc. Among them, sound, smell, color combination, and commercial appearance (packaging) need to meet specific requirements when applying for registration.
If the applicant does not reside in Bolivia, they must entrust a specialized agent in their home country to handle the matter. The basic materials required for trademark application are:
1. Trademark design;
2. Specific product items;
3. Name and address of the applicant;
4. Power of attorney for notarization and authentication;
5.If priority is declared, priority proof documents and corresponding Spanish translations must be provided;
6. To apply for a color trademark, the Pantone color card code for the corresponding color in the trademark must be provided.
The main process for applying for registration of a Bolivian trademark is: application acceptance formal examination announcement substantive examination approval issuance. After the application is submitted, it will be accepted within about one week. The State Administration of Industrial Property will conduct a formal review after accepting it, that is, to examine whether the application requirements and classification information comply with the regulations. If they comply with the regulations, they will be arranged for announcement. The 30 working days from the announcement date is the objection period, and any interested party or prior right holder can raise objections. The main reasons for raising objections are:
1. Conflict with prior trademarks, such as owning a prior registered trademark;
2. The trademark lacks distinctiveness;
3. The trademark has adverse effects;
4. Trademarks are deceptive and discriminatory;
5. Well known trademark;
6. Malicious registration;
7. Conflict with other prior rights, such as trade name rights, design rights, copyrights, personal names, etc;
8. Violating public order and good customs;
9. Common name;
10. Geographical Indication.
If there is no objection or objection is not established during the announcement period, the State Administration of Industrial Property will conduct substantive examination of the trademark, including examination of the distinctiveness of the trademark, whether it violates the prohibition and prohibition clauses, and whether it conflicts with the prior trademark. After passing the examination, it can be approved for registration and a registration certificate will be issued; If the review fails, a rejection notice will be issued and the applicant will be required to respond within the time limit specified in the rejection notice. In a smooth situation, trademark registration in Bolivia takes about one year; If things don't go smoothly and there are objections or rejections along the way, the time will be greatly extended, possibly taking 2-3 years.
The Bolivian trademark is valid for 10 years after registration, starting from the date of registration; Renewal can be processed within 6 months before the expiration date, with a grace period of 6 months; The renewal is valid for 10 years.
The invalidation or revocation application after trademark registration can generally be filed based on the following reasons:
1. Violating relevant laws and regulations;
2.If a trademark has not been used in any member country of the Andean Treaty for three consecutive years after registration, anyone may apply for revocation; Except for force majeure.