In Bolivia, trademark rights come into existence upon successful registration. Actual use of a trademark does not grant any rights.
The registration of trademarks in Bolivia is done through the offices of the National Service of Intellectual Property (SENAPI).
If you register a combined trademark (which includes both word elements and figurative elements) in Bolivia, the exclusive right to use the trademark is limited to a use of the trademark in the exact configuration or way in which it was filed and registered. If you wish to use the word element of your trademark separately from the logo (or vice versa), it is recommended you register for another trademark including only the word or figurative elements you wish to use and protect separately.
Nevertheless, if a third party eventually intends to register or use a trademark for similar goods or services that includes a primary or distinct part or portion of your trademark, you will have the right to oppose the application based on confusing similarity. Opposition actions in this case must be presented within thirty (30) days from the date on which the conflicting trademark application is published for registration. The period of thirty (30) days is of administrative days. Therefore, the timeframe is somewhat longer than thirty (30) calendar days. Probabilities of success for an opposition will vary in each case depending on the circumstances.
If you would like for the figurative or design elements of your trademark to be considered when assessing your trademark for registration in Bolivia (Trademark Search Report), contact us directly in order to determine if we may be able to offer this in this jurisdiction. In such cases, prices for service and estimated delivery times may vary.
Although it is not required to present proof or statements that a trademark is being used for it to be granted registration, lack of actual use of a trademark may give way for third parties to present cancellation actions against a registered trademark. In order to avoid any possibility of this happening, a trademark should not go unused for periods of more than three (3) years. Bolivia is a member state of the Andean Pact (CAN), therefore, use of a trademark in order to prevent such actions may be done in any of the other member countries (Colombia, Ecuador or Peru).
Registered trademarks in Bolivia are granted protection for a period of ten (10) years, term that begins from the date in which they are registered. A trademark can be renewed for subsequent ten-year periods indefinitely. In order to renew a request must be made within the six (6) months preceding its expiry date. In Bolivia, trademarks may still be renewed even once the validity period has lapsed, during a grace period of six (6) months after the trademark’s expiry period.