Do you need to file a new application, renew or modify your trademarks in Bolivia? You are in the right place.
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1. Decision No. 486 of September 14, 2000 – Common Regime on Industrial Property
2. Decision No. 291 of March 21, 1991 – Common Regime for the Treatment of Foreign Capital and on Trademarks, Patents, Licenses and Royalties
3. Decision No. 689 of August 13, 2008 – Adequacy of certain articles of Decision 486 – Common Regime on Industrial Property, to allow the development and deepen of Industrial Property Rights across the internal regulation of the Members StatesLaw No. 1.334 of May 4, 1992 on Appellations of origin
4. Law 15/01/1918, Law on trademarks and industrial and commercial records
5. Penal Code. Sanctioned by Decree Law No. 10426 of 23 August 1972, Includes amendments of Law No. 1768 of Amendments to the Criminal Code; updated according to Law 2494 of August 4, 2003.
6. Law No. 2341 of April 23, 2002, Administrative Procedure Law
• Supreme Decree No. 28152, of May 17, 2005; modifications, adjustments and additions to the Supreme Decree Nº27938 of December 20, 2004
• Supreme Decree No. 27938 of December 20, 2004; National Intellectual Property Service
WIPO, WTO, CAN, Nairobi Treaty, Paris convention, General Inter-American Convention for Trade Mark and Commercial Protection, and associate member of Mercosur Common Market.
Requirements for Application
1. Complete applicant identification
2 .The trademark logo in .gif or jpg. Format (If the trademark is stylized -logo-) . If the colors are important then you should send the logo in color.
3. Accurate and complete indication of the products or services that you wish to protect with the trademark. Bolivian authorities require a detail list of products or services. An application can only be filed for products or services included in one single class. Multiclass registration is not allowed in Bolivia.
4. The class according with the ninth edition of the Nice International Classifiaction http://www.wipo.int/classifications/nivilo/
5. The priority document issued by the competent autority, if you wish to claim trademark priorities.
6. A simple (non-official) translation to Spanish Language of the priority document
7. Power of Attorney. This POA must be sign before the Bolivian Consulate in the applicant’s country. Bolivia is not part of the Apostille Hague convention so Apostilles will not be accepted in Bolivia as a valid legalization.
1. The registration process begins filing an application in the Bolivian Trademark and Patent Office: SENAPI
2. If the Bolivian PTO do not have the correct information or lacks documents in the application to proceed with the process, It make a request for information which should be answered within a period of fifteen labor days. if the application is not corrected then the application shall be rejected and will lose its priority.
3. Applicants may request that his application be amended at any time during the process
4. After the application date, the Bolivian PTO will make a preliminary formal examination and an examination of distinctiveness to verify if the application complies with the formal requirements.
5. Prior this examination, the trademark is published in the Bolvian official Gazette. During the publication stage it is possible to make objections the opposition period is 30 labor days from publication date of the application. Oppositions are also possible by owners of trademarks in other member states of the Andean Pact.
6. If objections have been made, the competent national office to notify the applicant to present his arguments and evidences.
7. After the objection period has passed (If there are no oppositions) the Bolivina PTO will perform the final examination and decide whether the trademark is granted or denied according with the Bolivian trademark law.
8. A trademark registration in Bolivia is valid for 10 years from the filing date The registration is renewable for periods of 10 years.
9. Reconsideration and appeal: Finally The Bolivian PTO may grant or deny registration of new trademark. If deny, the applicant can file a reconsideration or an appeal in order to change the PTO decision.