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Benelux trademark protects Belgium, Netherlands and Luxemburg. In order to obtain trademark protection in Benelux you can register your trademark in two ways: First option is that you request registration in the entire European Union with one single application; this can be done via the European Union Trademark which grants trademark protection in the 28 country members of the EU (more info here). Second option is that you register directly your trademark in Benelux. If you want to proceed this way please follow the steps described below.
Step 1 - Trademark Comprehensive Study
Before filing your trademark in Bolivia it is important that you evaluate possible obstacles that may arise during registration process. Our Trademark Comprehensive Study will not only list similar trademarks (graphic & phonetic) that may conflict with yours, but also give you an Attorney's opinion about registration probabilities and the class(es) that belong your product/services.
Trademark Class Recommendation
Graphic & Phonetic Similarity Trademark Search
Trademark Attorneys Analysis & Advice
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Step 2 - Trademark Registration Request
Your Trademark Application will be filed by specialized attorneys in Bolivia, who will carry out all needed tasks before the Trademark Office in Bolivia in order to obtain registration approval. As soon as your trademark is filed we will send you a filing report which will include application number and date, plus a scanned copy of filed trademark application in Bolivia.
Process Handled by Experienced Trademark Attorneys
Filing Report & Scanned Copy of Application
Online Tracking of the Registration Process
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Step 3 - Trademark Registration Certificate
Once your trademark application is approved, our attorneys will complete all necessary requirements in order to obtain the registration certificate in Bolivia. After the certificate is issued, it will be forwarded to your address along wit h a registration report specifying registration number, registration date and any special consideration that should be taken into account in Bolivia.
Process Handled by Experienced Trademark Attorneys
Delivery of the Registration Certificate & Report
Monitor & Reminder of important dates
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 Frequently Asked Questions
Trademark Registration
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Is there a time frame for the trademark registration approval?

The average time frame for the registration approval is 14 months, if no objections or oppositions arise.

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If I register my trademark in Bolivia, do I have protection in other territories?

No. Protection of the registered mark is limited in the territories of Bolivia and does not extend to other countries.

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Do I need to sign a Power of Attorney?

A power of attorney with signature is required.

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Are there any benefits from a pre-filing use of the trademark?

There are no benefits from pre-filing use of a trademark.

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Will there be problems in case I don’t use my trademark after registration?

Trademarks that are not used for 3 consecutive years are vulnerable to getting cancelled.

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What are the types of trademark that can be registered in Bolivia?

The trademark law of Bolivia considers the following marks as registrable:

  • Word
  • Slogan
  • Name
  • Device
  • Sound
  • Touch
  • Colour
  • Shape with 3 dimensions
  • Smell
  • Motion
  • Hologram
  • Get-up or trade dress
  • Any mark that can be represented or depicted graphically
  • Service marks
  • Notorious marks
  • Certification marks
  • Collective marks
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What are the phases of application after a trademark has been filed in Bolivia?

Trademark applications in Bolivia must go through the following phases, in particular order:

  1. Examination for compliance – application is examined based on clarity, descriptiveness, classification, etc.
  2. Publication – the application’s details are published such as the mark itself, name of applicant, citizenship, etc.
  3. Examination – the mark is examined if there are similar earlier applications or registrations
  4. Registration – it will be granted once the application successfully passed the previous phases
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What type of trademark is not registrable?

The trademark law of Bolivia prohibits the following marks:

  • Immoral or illegal marks
  • Generic words/terms
  • Non-distinctive marks
  • National flags and symbols including names of states, regions and international organizations
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Does Bolivia use the "Nice Classification" system?

Yes. Bolivia uses the Nice Classification system.

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Does the Community Trademark apply for Bolivia?

Since Bolivia is not a European Union party, the Community Trademark does not apply in this jurisdiction.

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Is there any possibility to claim priority in Bolivia?

Yes. Priority claim is possible in Bolivia if the following conditions are satisfied:

  • The Paris Convention is recognized in the applicant’s home country
  • The application in home country was filed 6 months earlier than the application in Bolivia
  • The World Trade Organization is recognized in the applicant’s home country
  • The Andean Pact is recognized in the applicant’s home country
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What do I need to do to satisfy the use requirement?

The following use requirements must be met:

  • Use the trademark at least once every 3 years
  • Use the trademark for commercial scale (use as token is not acceptable)
  • Use must take place in states where the Andean Community is followed
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Once my trademark has been registered, for how many years will be valid?

A registered mark in Bolivia is valid for ten years computed from the registration date.

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What will be the renewal date of my trademark?

The renewal date is computed 10 years from the date the registration was granted.

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Is it legal to use my trademark even if it is not yet registered?

It is illegal to use an unregistered mark in pharmaceutical goods.

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Does having a registered trademark in Bolivia give me any right?

The trademark law of Bolivia mandates owners to register their trademark in order to obtain rights. The law “first to file” is applicable in this jurisdiction.

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What is the web address of the trademark national office?

Bolivia’s trademark office is available online at: http://www.senapi.gob.bo/

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Is there any need to use my trademark before I apply for registration?

No. Applicants are not mandated to use or to have intention to use the mark prior to filing of application.

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Can a Trademark Application be opposed?

Yes. Third parties may oppose a trademark application based on these grounds:

  • Conflict with an earlier right
  • Breach of copyright
  • Immoral or prohibited marks
  • Rights in a notorious mark
  • Marks registered under a representative’s name or agent’s name
  • Rights in a design
  • Rights in a personal name
  • Protected armorial bearings, flags, symbols and state emblems
  • Mark is functional, generic, misleading, deceptive, disparaging or descriptive
  • Mark does not demonstrate distinctiveness
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Who can contest my trademark registration?

A trademark registration can be opposed by:

  • Registrant of an earlier right
  • Anyone based on absolute grounds
  • Licensees
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Is it possible to cancel a registration?

Yes. Trademark registrations are cancellable. Refer to the list below for possible grounds:

  • Mark does not show distinct qualities
  • Mark is disparaging, misleading, deceptive, descriptive, functional or generic
  • Mark indicates a geographic name
  • Mark is immoral or prohibited in Bolivia
  • Breach of copyright
  • A similar mark was registered earlier (proprietary rights)
  • Rights in a notorious or famous mark
  • Mark uses a protected emblem, symbol or flag
  • Mark was registered under a representative name particularly an agent’s name
  • Rights in a trade name
  • Rights in a design
  • Rights in a personal name
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Are there any rights established by having a registered trademark?

Owners are able to establish the following rights after registration:

  • Right to exclusively use the mark
  • Right to contest later applications that are confusingly similar with their registered mark
  • Right to appeal for the cancellation of registrations that are confusingly similar with their registered mark
  • Right to file a legal action against parties for infringement
  • Right to obtain damages from third parties for infringement
  • Right to issue license to interested parties to use the mark
  • Right to appeal from the customs officials to confiscate and seize counterfeit goods bearing the registered mark
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How long is the opposition period?

The opposition period starts on the date the application is published on the gazette. The opposition period will end 30 administrative days after the publication date.

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Is Bolivia a member of the Madrid System?

Bolivia is not a signatory to either the Madrid Protocol or the Madrid Agreement.

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Do I need to present periodic statement of use?

Periodic statements of use are not necessary.

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When should I renew my trademark?

Renewals must be made every 10 years counted from the previous date when the registration was last renewed.

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What will be the renewal date of my trademark?

The renewal date is computed 10 years from the date the registration was granted.

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Is there any documentation that should be presented when renewing a trademark?

A power of attorney is a requirement for trademark renewal.

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If my trademark expires, do I have a grace period?

Owners are given a 6-month grace period to restore an expired trademark.

Basic Questions
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What is a trademark?

A trademark identifies products and services in order to distinguish them in the market. The name, the verbal element, is not the only component that distinguishes a trademark; figurative elements such as logos, design, images, colors and sounds also create an identity that can be protected through trademark registration.

 With the registration, the owner (person or company) becomes the owner of the trademark. The registration is given for a particular country/territory, for certain products or services and for a specific term. While the registration is in force, only the owner may use the trademark in the market where the trademark is registered.

 Some symbols to consider:

® Means the trademark is registered.

TM Some countries use this symbol to show that the trademark has been filed at the trademarks office and is still undergoing the registration process.

SM Some countries use this symbol to show that the service mark has been filed at the trademarks office and is still undergoing the registration process.

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What is the difference between a trademark, patent and copyright ?

There are many ways to lay claim to your work. Trademarks, patents, and copyrights offer protection for owners of intellectual property. A trademark helps people find your goods and services. When recognized as a registered mark, it protects your right to exclusively use the image, logo, phrases, or words to distinguish your goods or a service in the market.

patent safeguards ideas and inventions. It gives a creator or inventor exclusive rights that prevent other people from making, using, or profiting in any way from an invention or creative innovation without the consent of the inventor.

You cannot patent an idea because we all have them. You must materialize your concept into a tangible invention, innovative product, device, or process that offers new solutions to a problem to secure a patent.

Copyright protect published, performed, or printed creative works. People who produce artistic or musical work seek to protect their “right” to stop others from “copying” what they do. Copyright protection protects any original creative works of authors including:

  1. a) artwork (2 or 3 dimensional),
  2. b) photographs, graphic drawings, and designs as well as other forms of creativity;
  3. c) songs, music, and sound recordings of all kinds;
  4. d) books, manuscripts, publications, and another written work; and
  5. e) plays, movies, shows, and other performance arts.

 

A trademark, patent, or copyright are all examples of ways you protect your intellectual property. Your right to control and benefit from your efforts are increasingly important in our global economy. Registering a formal claim to your property is a critical step in protecting what you own.

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What is the difference between TM, SM, ® and other symbols?

You recognize a registered trademark by the symbol of a circle-R following the trademark name or graphic image. Various typographic symbols show copyrights and patents. The presence or absence of a symbol does not change the validity of the registration, but a best practice is to use a circle-R or circle-C for copyrights every time you mention your intellectual property in print. These symbols give legal grounds for claiming damages in trademark litigation. The following is a list of some typical marks you can use on a web page, in written content, or even in a marketing letter.

  • TM: The TM sign shows the brand name for an unregistered trademark classified as a product (classes 1 to 34). The owner uses this sign to mark what they believe is their brand mark.
  • SM: The SM sign is identical to the TM sign except it designates a service mark (classes 35 to 45).
  • ®: ®: Use the ® symbol once you register a trademark or service mark. It shows that the country authority has approved the registration.
  • ©: Use the © symbol to mark a copyright. The word copyright is substitute sign for Follow it with the year of the publication and owner's name. Use it whether the work has obtained copyright registration or not.
  • Patent Pending: The phrase Patent Pending shows that you filed a patent application but cannot guarantee the application's approval.
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What are trademark classes?

Trademark Offices around the world use classes to divide commercial products and services into defined categories.  When you apply for your trademark to protect your brand, you must define the class or classes that you believe are best describe your business activity. 

There are 45 classes – 34 for products and 11 for services – which countries from around the world have standardized for international use under the 'Nice International Classification'.

These classes group all known products and services. You can register the same trademark if there are similar classes, for example, you may register the trademark KING for computers in class 23, and you can also register the same trademark in class 24 for cosmetics. 

Trademark protection only extends to commercial use within your specified classes.  It is possible, then for two entities conducting business in different classes to use identical or similar trademarks and for each entity to enjoy full trademark protection in their respective classes. You can choose multiple classes under which to conduct business if you feel the protection must extend beyond only one class.

You can perform a search of your class with the following tool Trademark Class Search

Trademark Search
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Why do I need to perform a trademark search?

Once you have a product or service and think you have a name for it, how do you know you can use it as your own? What happens if you unintentionally use a registered trademark name? 

Too many people use a name without knowing if they have legal coverage, and they put up big marketing campaigns with names that later they find they cannot use. Performing a Comprehensive Search Study before you decide to register your brand mark is a wise decision especially when you consider future risks of litigation. 

It is a good idea to conduct a Study before you start doing business with a trademark.  It may not be in your best interest to use a mark if another company is already actively conducting business in the same class.  That company may be able to object to your use of the trademark and prohibit you from using the mark in a court of law.

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Do I need an Attorney to perform a Trademark Search?

No, you don’t, but if you have little or no experience dealing with trademarks, we suggest you find professional help. Our company offers the service Trademark Comprehensive Study. The Study will give you details about the classes where might want to register your trademark, it will also list identical and similar trademarks, and finally, it will provide you an Attorney's recommendation about registration possibilities and use of your trademark.

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Where can I perform a trademark search?

If you have some knowledge about trademark registration, you can search using any online trademark search tool. If not, we recommend hiring a trademark attorney or trademark service like Nominus.com to handle your trademark registration requirements, especially a trademark search because the entire process is complex and takes time.

Notice that if you do not complete the application process carefully, the registration process could be extended for many months and cost far more than you intended to pay. The trademark search is a critical part of the process.

A broad trademark search is essential in today's marketplace given the increasing number of unregistered and common law marks. Globalization of markets also raises the question of entering international markets and registration of marks in foreign countries to protect your brand and your property rights.

You need to understand that even a completed comprehensive trademark search does not guarantee acceptance and registration of your mark. A Trademark Comprehensive Study includes a more extensive review process and, more significantly, a formal opinion estimating the probability of your application's acceptance.

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