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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:
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Examination for compliance – application is examined based on clarity, descriptiveness, classification, etc.
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Publication – the application’s details are published such as the mark itself, name of applicant, citizenship, etc.
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Examination – the mark is examined if there are similar earlier applications or registrations
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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.