Bolivia has an attributive trademark system. In other words, in order to acquire trademark rights over a sign its registration is indispensable. Use by itself does not grant any trademark rights in Bolivia.
The registration of a trademark in Bolivia grants the owner of it protection in all the Bolivian territory.
Bolivia is a signatory to the Andean Community Pact, thus registration in Bolivia also grants the owner of the trademark certain preferential rights in the rest of the Andean Community countries (Bolivia, Colombia, Ecuador, Peru and Venezuela).
Since Bolivia is also a signatory to the Paris Convention, registrations or applications filed in another country, which is a member of this Convention, are valid especially for priority matters.
The registration of a mark in Bolivia grants the owner right to its exclusive use and to defend the mark against third parties.
The registration is valid for ten years as of the date the trademark is registered and it can be renewed indefinitely.
The valid classification of products/services for registration in Bolivia is the Nice Classification.
The trademark application must be filed to the Trademark Office with all the legal requisites. The trademark application is then published in the Bolivian Official Gazette for opposition purposes (the publication takes place approximately 3 or 4 months as of the application date).
There is an opposition term of 30 days as of the date the application is published. If no oppositions are filed against the application it goes into the registrability analysis stage in the Trademark Office.
If the result of this analysis is favorable, the registration certificate will be issued. Please bear in mind that the estimate time for obtaining a trademark’s registration is approximately 12 months.
The trademark renewal application must be filed to the Trademark Office with all the legal requisites.
Please bear in mind that the estimate time for obtaining a trademark’s registration renewal is 6 months.
Use is not a requisite to renew a mark in Bolivia.
Te Bolivian laws provide a 6-months grace period to file for the renewal as of the date the renewal should have been filed originally.