TRADE NAME REGISTRATION IN BOLIVIA: PRACTICAL AND LEGAL GUIDE

A trade name is a key element of a company’s identity in the market. In the Plurinational State of Bolivia, registering a trade name strengthens its legal protection against unauthorized use by third parties and helps consolidate the presence of a business or establishment in a competitive environment. This article outlines the steps required to register a trade name and the rights it grants under current regulations.

WHAT IS A TRADE NAME AND HOW IS IT USED IN BOLIVIA?

A trade name is any sign that identifies a business, economic activity, or commercial establishment. It may coincide with the corporate name or registered business name but has an independent legal nature. This means a company may operate under a trade name different from its official name in the commercial registry, and it may have more than one, as long as it does not cause confusion or infringe on third-party rights.

REQUIREMENTS FOR REGISTERING A TRADE NAME IN BOLIVIA

Form PI-101 from the national intellectual property office (SENAPI) is the official instrument used to request the registration of a trade name. Key requirements include:

Applicant identification: natural or legal person filing the request
Details of the distinctive sign: desired name, international Nice classification (based on activity), and list of products or services
Type of sign: denominative, figurative, three-dimensional, auditory, or other
Priority claims: indication of Andean opposition, foreign priority, or exhibition-based priority
Address for notifications: complete address for official correspondence
Acceptance of electronic notifications to speed up the process

It is important to note that trade name registration in Bolivia is declarative. This means the exclusive right does not arise from the registration itself, but from the first commercial use. Rights to the trade name are extinguished if it is no longer used or if the business ceases operations.

COMMON REASONS FOR TRADE NAME REGISTRATION DENIAL IN BOLIVIA

SENAPI will review whether the proposed sign violates public order or morality, and whether it is likely to confuse consumers regarding the identity, activity, or products of the business. A trade name cannot be registered if there is a prior application for the same or a similar sign.

In cases of well-known trade names, registration or use by third parties is prohibited if it would result in unfair commercial advantage, confusion about product origin, or damage to the owner’s reputation.

DURATION AND RENEWAL OF A TRADE NAME IN BOLIVIA

Once registered, a trade name is valid for ten years from the date of filing. It can be renewed for equal periods, and the renewal request must be submitted within six months before the expiration date. A six-month grace period is available after expiration, during which renewal is still possible with a surcharge.

SENAPI may require proof of use when renewing, to prevent inactive or fictitious registrations.

Additionally, a trade name may be transferred along with the business or establishment to which it is linked. This transfer must be registered with SENAPI and is subject to applicable fees. Trade names may also be licensed, as permitted under national regulations.

In conclusion, registering a trade name provides legal certainty and commercial backing for businesses seeking to protect their identity in the marketplace. Although the exclusive right stems from use, formal registration allows for legal action against misuse, renewal of rights, and lawful transfers or licensing.

Rigoberto Paredes & Asociados offers specialized services in industrial property, including trade name registration, renewal, defense against oppositions, and license drafting. If you are facing a similar situation or wish to protect your commercial activity, feel free to contact us for personalized legal advice.

Frequently Asked Questions (FAQs)

Is it mandatory to register a trade name in Bolivia?

No, it is not mandatory, but it is highly recommended. Registration provides legal certainty and facilitates enforcement against third parties.

What is the difference between a trade name and a trademark?

A trademark identifies products or services, while a trade name identifies a company or economic activity.

When is the exclusive right to a trade name acquired?

From the first effective use in commerce, regardless of registration.

Can a trade name be identical to a registered trademark?

Yes, as long as it does not create public confusion or infringe on prior rights.

What happens if I do not renew the registration on time?

The registration becomes invalid, although there is a six-month grace period for renewal with a surcharge.

Bibliography

Andean Community. (2000). Decision 486: Common Regime on Industrial Property.
World Intellectual Property Organization (WIPO). (n.d.). Industrial Property Guide for Small and Medium Enterprises.
National Intellectual Property Service – SENAPI Bolivia. (n.d.). PI-101 Application Form.

The content of this article does not reflect the technical opinion of Rigoberto Paredes & Associates and should not be considered a substitute for legal advice. The information presented herein corresponds to the date of publication and may be outdated at the time of reading. Rigoberto Paredes & Associates assumes no responsibility for keeping the information in this article up to date, as legal regulations may change over time.