Registro de marcas en Bolivia

Registering a trademark is an essential step for any business or individual seeking to protect their commercial identity in the country. In the Plurinational State of Bolivia, this process is governed by specific principles that determine who acquires proprietary rights over a trademark, regardless of prior use. Understanding the procedure and legal requirements is crucial to avoid setbacks and safeguard long-term commercial interests.

IMPORTANCE OF TRADEMARK RESGISTRATION UNDER BOLIVIA

Unlike other legal systems that recognize rights through long-term use, Bolivia follows the attributive system. This means that only the person who formally registers a trademark with the National Intellectual Property Service (SENAPI) legally acquires ownership rights. Continuous use or economic investment alone does not guarantee any legal protection if the trademark has not been properly registered.

Moreover, Bolivia enforces the principle of territoriality, which limits the validity of trademark rights to the country where it has been registered. For instance, a trademark registered in another country has no legal standing in Bolivia unless it is also registered locally. This is particularly important for foreign businesses seeking to expand operations within Bolivia.

REQUIREMENTS FOR TRADEMARK REGISTRATION

Trademark registration requires the applicant to provide the following information:

Name and address of the owner
Trademark name
Description of related goods or services, according to the International Classification of Nice
Logo (if it’s a figurative or mixed trademark)
If claiming international priority, a copy of the original foreign application

Additionally, if the trademark is collective, the statutes of the association, a list of members, and a usage regulation must be submitted. For designations of origin, proof of geographic origin, product qualities, and usage conditions must be provided.

TRADEMARK TYPES AND THEIR REGISTRATION

Bolivia recognizes the following types of trademarks:

Word marks: contain only text
Figurative marks: contain only a logo
Combined marks: include both logo and text

It’s important to note that Bolivia uses a “single-class” system, meaning each application covers only one class of goods or services. Multiple applications are required to protect a trademark in several categories.

PROCEDURE AND PROCESSING TIME

The procedure begins with a formal examination. If all requirements are met, the application is published in Bolivia’s Official Gazette. A 30-day period is then opened for third-party oppositions. If no objections arise, the application proceeds to a substantive examination to confirm that it complies with all registrability requirements and is not legally prohibited. If approved, the trademark title is granted.

This process typically takes between six to eight months if no oppositions are filed. Once granted, the trademark is valid for ten years from the date of issuance and may be renewed indefinitely.

FREQUENTLY ASKED QUESTIONS (FAQs)

Can I use an unregistered trademark in Bolivia?

Yes, but it won’t have legal protection or ownership rights.

What if someone already registered my trademark in Bolivia?

The person who registered first has priority, regardless of previous use.

Do I need a lawyer to register a trademark if I am Bolivian?

It’s not mandatory but highly recommended to have legal guidance.

What if I want to register a trademark in multiple classes?

You must submit a separate application for each class due to the single-class system.

Can I recover a trademark registered by someone else without my consent?

Yes, through legal proceedings, especially if bad faith or significant prior use can be proven.

Our law firm offers specialized services in intellectual property, including registration, defense, and monitoring of trademarks. If you need more information or wish to begin your process, don’t hesitate to contact us. We are here to safeguard your commercial rights within Bolivia’s legal framework.

References

World Intellectual Property Organization. (2023). Paris Convention for the Protection of Industrial Property. https://www.wipo.int/treaties/en/ip/paris/
National Intellectual Property Service – SENAPI. (2024). Trademark Registration Procedures. https://www.senapi.gob.bo/
Ministry of Foreign Affairs of the Plurinational State of Bolivia. (2024). Apostille and Document Legalization System. https://www.rree.gob.bo/