News Archive (7)Jul 27, 2022 (Newsletter Issue 10/22)Guidelines on Examination of 3D Marks IssuedOn 13 May 2022, the Court of Justice of the Andean Community published Interpretation No. 81-IP-2020 on the examination of 3D marks. The new guidelines clarify that 3D marks may consist only of shapes or be a combination of shapes and additional elements and describe the different elements that the Andean Community’s IP Offices (Bolivia, Colombia, Ecuador, and Peru) must consider when examining these marks. These guidelines are important as they recognize the protection of 3D marks and harmonize how IP offices of the Andean Community examine these applications.
For more information and examples, please click here
Source: Bermeo & Bermeo Law Firm, Ecuador, see INTA Bulletin of 22 June 2022 May 22, 2018 (Newsletter Issue 10/18)
Apostille Convention into Force Now
On May 7, 2018, the Hague Convention of 5 October 1961 Abolishing the Requirement of Legalisation for Foreign Public Documents (Apostille Convention) entered into force for Bolivia. Bolivia had acceded to the Apostille Convention on September 6, 2017. The Apostille Convention currently has 115 Contracting Parties.
Source: www.hcch.net
Oct 24, 2017 (Newsletter Issue 18/17)
Accession to Hague Apostille Convention
On September 6, 2017, Bolivia deposited its instrument of accession to the Hague Convention of 5 October 1961 Abolishing the Requirement of Legalisation for Foreign Public Documents (Apostille Convention).
The Apostille Convention will enter into force for Bolivia on May 7, 2018.
Source: www.hcch.net
Jul 28, 2015 (Newsletter Issue 12/15)New Regulations on IP internal ProceduresThe Bolivian PTO (SENAPI) launched a new version of its regulations on intellectual property internal regulations, which is in force since July 1, 2015.
SENAPI identified some legal vacuums and dispositions contrary to the Decision 486 which establishes the common IP regime for Andean Community members and the Administrative Procedure Law in the former regulations of February 11, 2008.
The new regulations aim to complete and correct the deficiencies found in the former regulations by including definitions, concepts and requirements established in the jurisprudence of the Andean Court of Justice.
Therefore, aspects that were not previously regulated related to trademarks (i.e. oppositions, cancellations, nullity actions, as well as collective, certification and well-known trademarks), patents (i.e. amendments, divisional applications, oppositions, nullity actions, compulsory licenses, and expiration date), utility models, industrial designs, layout-designs of integrated circuits, geographic indications and denominations of origin, are now regulated in the current document.
To access the new regulations on IP internal procedures here (only in Spanish available).
Source: Moeller IP Advisors, Argentina; www.senapi.gob.bo Jul 01, 2013 (Newsletter Issue 10/13)
Official Publication Fees Increased
As of June 3, 2013, Ministerial Resolution No. 159/2013 established the increase of the official publication fees for Intellectual Property matters.
The new publication fees are established as follows:
Copyright USD 8.00 (previous fee USD 3.00)
Trademarks (word or device) USD 30.00 (previous fee USD 15.00 for word marks and USD 20.00 for device marks)
Patents USD 30.00 (previous fee USD 20.00)
With this increase the new official filing, publication and registration fees for trademarks are of USD 260.00.
Source: Bufete Aguirre Soc. Civ., Bolivia
Apr 04, 2010 (Newsletter Issue 9/10)Official Fee Reduction for Second-Level DomainsNIC Bolivia has announced that as of April 1, 2010, second level ".BO" domain names prices charged to registrars were slashed by almost 35 per cent. No price change has been announced for third level (e.g.: .com.bo) domain names.
Source: www.nic.bo Feb 18, 2010 (Newsletter Issue 7/10)
Substantial Increase of Official Fees
The trademark fees from filing to registration have increased from USD 50.00 (approx. EUR 36.00) to USD 225.00 (approx. EUR 164.00).
Source: Moeller IP Advisors, Buenos Aires, Argentina
Legal basis is the Trademark Act of 1918 and the Andean Pact Decision, latest in force Decision 486 of December, 2000.
Bolivia is a member of the Andean Pact. According to the Andean Pact Decision agreement, there are common rules in trademark law in all member states of the Andean Pact (Bolivia, Colombia, Ecuador, Peru).
Trademark protection is obtained by registration.
ClassificationNice classification, 12th edition
What is Registrable as a TrademarkFor purposes of this system, any sign that is capable of distinguishing goods and services on the market shall constitute a trademark. Signs that are capable of graphic representation shall be eligible for registration as trademarks. The nature of the goods or services to which a trademark is to be applied shall in no case form an obstacle to the registration of the trademark.
The following signs, among others, shall be capable of constituting a trademark:
a) words or a combination of words;
b) pictures, figures, symbols, graphic elements, logotypes, monograms, portraits, labels, and emblems;
c) sounds and smells;
d) letters and numbers;
e) a colour demarcated to give it a specific shape, or a combination of colours;
f) the shape of a product its packaging or wrappings;
g) any combination of the signs or means indicated in the items above.
The following trademark types are registrable: trademarks (goods and services), collective marks, certification marks and trade names, commercial slogan, commercial name and commercial label
Registration ProceedingsApplications are filed at the Bolivian Intellectual Property Office, which comprises the Patent, Trademark and Copyright Offices.
A separate application has to be filed for each class, there is no multi-class system of the application.
Foreign applicants need a local agent.
Please note that Bolivia is part of the Apostille Convention, so the documents must be apostilled. If there is no Apostille, the documents must be legalized by the Bolivian Consulate.
A Power of Attorney is necessary. The PoA needs to follow local notarization proceedings (extra fees apply).
Foreign applicants do not need a domestic registration.
The application process includes a final formal examination made by the PTO that considers also prior rights. The application process also includes a third party opposition period of 30 working days after publication.
The processing time from first filing to registration is approx. 8-12 months as minimum. The first Office action may take place as soon as 2 weeks after application if the application is not complete and may request the completion of such an application, providing a 60 working day deadline for this purpose.
The trademark application is published approximately 2-3 months after the application date.
Opposition PeriodNational:
The opposition period is 30 working days from publication (i.e. aprox. 6 weeks). Oppositions are also possible by owners of trademarks in other member states of the Andean Community, if they simultaneously apply for registration of the protected TM in Bolivia.
Trademark DurationProtection begins with the date of registration. A trademark registration is valid for 10 years from the date of registration. The registration is renewable for periods of 10 years.
Grace Period for Trademark RenewalPractical details on grace periods for trademark renewals are available in our publication
herePractical details on trademark use requirements are available in our publication
hereThe official fees for trademark application is BOB 1,000 for one class and BOB 1,000 for each additional class. The registration fee is BOB 500 and publication fee is BOB 510. All fees have to be paid at time of application, including registration and publication fees. If the trademark is not granted, the registration fee is NOT reimbursed by the Intellectual Property Office.
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Practical details on trademark licensing are available in our publication
here
Online you can see a limited part of information about this country.
More in-depth details are available for the following aspects:
General Trademark Regulations
Trademark Use Requirements
Grace Period for Trademark Renewal
Trademark Licensing
If you like to purchase all available information for this country, click the order button.
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May 03, 2023
Escobar & Escobar, La Paz, Bolivia
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