Prosecution Of A Trademark Application In Bolivia
FILING
FORMAL EXAMINATION
PUBLICATION
OPPOSITION PERIOD
SUBSTANTIVE EXAMINATION
GRANTING
CERTIFICATE OF REGISTRATION
FILING
The filing date of a Bolivian trademark is the one assigned when filing the application.
If priority is claimed, the filing date will remain the same, but the priority date will be the one claimed.
FORMAL EXAMINATION
Within 1 to 3 months from the filing date
The Bolivian Trademark Office will determine within 15 working days if the application meets the requirements and if it does, the trademark will be published.
PUBLICATION
Within 1 to 4 months from the formal examination
When the Bolivian Trademark Office deems the application meets the formal requirements, the application will be published in the Official Gazette for opposition purposes. The Official Gazzette is published on a monthly basis.
OPPOSITION PERIOD
Publication + 30 working days
The opposition period starts as soon as the trademark is published and ends after 30 working days.
Please note that any owner of a trademark in the Andean Pact (Bolivia, Colombia, Ecuador, and Peru) can file an Andean opposition against a Bolivian application. The only requirement is that the titleholder has to apply for a local trademark.
SUBSTANTIVE EXAMINATION
4-8 months after opposition period ends
The Bolivian Trademark Office will analyze the application on both absolute and relative grounds of refusal. This includes a search to determine potential legal obstacles.
GRANTING
Within 9 to 12 months from the filing date
If no obstacles are found, the Bolivian Trademark Office will issue an Administrative Resolution to grant the trademark.
The mark will be protected for a period of 10 years, counted from the granting date.
CERTIFICATE OF REGISTRATION
Within 2- 3 months from the moment the granting resolution has been issued and is in force
A paper registration certificate is issued, which is a single document. No copies are available.
Useful Information
According to Andean Law, a trademark has a period of 3 years after its registration in which it cannot be cancelled. After that, any third party can apply for a cancelation action due to non-use.
Due to the existence of this action, under Andean Trademark Law, a sign must be used to preserve its rights. This use must be “real, continuous, and effective.”
It is relevant to also note that the use of the mark is not evaluated ex officio by the BOTMO, nor the owner must file periodically any prove of use. The evaluation of the use of a trademark is only done in the eventuality that a cancelation action is filed.