Comparative Guides
Welcome to Mondaq Comparative Guides - your comparative global Q&A guide.
Our Comparative Guides provide an overview of some of the key points of law and practice and allow you to compare regulatory environments and laws across multiple jurisdictions.
Start by selecting your Topic of interest below. Then choose your Regions and finally refine the exact Subjects you are seeking clarity on to view detailed analysis provided by our carefully selected internationally recognised experts.
Results: 4 Answers
Trademarks
3.
Registration procedure
3.1
Which governing body (ie, trademark office) controls the registration process?
 
Bolivia
The trademark registration process is governed by the National Intellectual Property Service (SENAPI), which regulates the issuance, cancellation and nullification of trademarks, and regulates most acts that affect rights and ownership of trademarks.

For more information about this answer please contact: Juan Zapata from Bolet & Terrero
3.2
What fees does the trademark office charge for an application, during prosecution and for issuance of a registration?
 
Bolivia
The fee that SENAPI charges for the filing, prosecution and issuance of a registration is approximately $250 plus the cost of publication, which is about $40 depending on length. There are additional associated out-of-pocket expenses.

For more information about this answer please contact: Juan Zapata from Bolet & Terrero
3.3
Does the trademark office use the Nice Classification scheme?
 
Bolivia
Yes, SENAPI uses the Nice Classification system of goods and services, as adopted on 10 May 1985. Classes 43, 44 and 45 were adopted in April 2002.

For more information about this answer please contact: Juan Zapata from Bolet & Terrero
3.4
Are ‘class-wide’ applications allowed, or must the applicant identify the specific goods or services for which the mark will be used?
 
Bolivia
Class-wide applications are not allowed. Expressions such as ‘all products included in this class’ are not permitted. Applicants must specify the goods or services for which protection is sought.

For more information about this answer please contact: Juan Zapata from Bolet & Terrero
3.5
Must an applicant have a bona fide intention to use the trademark for the goods or services identified in the application in order to apply for registration?
 
Bolivia
No, intent to use is not a requirement in Bolivia; thus, no bona fide intention to use the trademark need be filed to apply for registration.

For more information about this answer please contact: Juan Zapata from Bolet & Terrero
3.6
Does the trademark office perform relative examination of trademark applications (ie, searches for earlier conflicting marks)?
 
Bolivia
Yes, SENAPI performs a relative examination of earlier trademark applications and registrations. This relative examination usually covers identical or very similar trademarks and the related products or services. If very similar or identical marks are found in the same class or in a class with similar products, the application may be refused registration.

For more information about this answer please contact: Juan Zapata from Bolet & Terrero
3.7
What types of examinations does the trademark office perform other than relative examination?
 
Bolivia
The first examination that SENAPI conducts is a pro forma examination, which seeks to determine whether all formal requirements have been met, the goods and services have been correctly classified and so on. Subsequently, SENAPI conducts a subject-matter examination on both absolute and relative grounds. In the relative examination, the examiner compares the mark to earlier applications and registrations to see whether there are conflicting marks. In the absolute examination, the examiner looks to see whether there are any absolute grounds for refusal.

For more information about this answer please contact: Juan Zapata from Bolet & Terrero
3.8
Apart from confusion with a senior mark, descriptiveness and genericness, are there other grounds under which a mark is ineligible for registration, such as public policy reasons?
 
Bolivia
Aside from genericness, descriptiveness and so on, other grounds on which a mark is ineligible for registration include the following:

  • The mark incorporates emblems, symbols or signs of national or international bodies or organisations;
  • The mark incorporates names of national or international bodies or organisations; or
  • The mark is deemed to be contrary to good morals or public order.
For more information about this answer please contact: Juan Zapata from Bolet & Terrero
3.9
Is there a separate or supplemental register on which descriptive marks may be registered?
 
Bolivia
No; there is only one main central register in which all granted marks are registered.

For more information about this answer please contact: Juan Zapata from Bolet & Terrero
3.10
Can a third party object to registration of a mark before the application has been published (eg, by letter of protest to the trademark office)?
 
Bolivia
Third parties cannot object to registration before the application is published. In fact, before the mark is published, the public has no access to the application, which becomes public only upon publication in the Official Gazette.

For more information about this answer please contact: Juan Zapata from Bolet & Terrero
3.11
Must the applicant use the trademark commercially in order to obtain a registration?
 
Bolivia
Use of the mark is of no benefit. The rights to a trademark are obtained solely through registration, as Bolivia is a constitutive right jurisdiction. Only upon formal recognition or grant will trademark rights exist, and only from that moment forward. Prior commercial use has no bearing in the trademark registration process.

For more information about this answer please contact: Juan Zapata from Bolet & Terrero
3.12
How much time does it typically take from filing an application to the first office action?
 
Bolivia
It normally takes about two months from filing to the first office action. If there are no pro forma observations, then the mark will be sent for publication, which generally occurs approximately four months after filing.

For more information about this answer please contact: Juan Zapata from Bolet & Terrero
3.13
How much time does it typically take from filing an application to publication?
 
Bolivia
It typically takes four months from filing to publication, assuming that there are no office actions or observations. If there are, then the path to publication is suspended until the observation – such as filing a power of attorney, correcting the classification of products or clarifying a request – is addressed.

For more information about this answer please contact: Juan Zapata from Bolet & Terrero