Comparative Guides
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Results: 4 Answers
Trademarks
4.
Appeals
4.1
If the trademark office refuses registration, can the applicant appeal? If so, to what body and by what procedure?
 
Bolivia
If an application is refused, this decision can be appealed. As per local practice, the first appeal is filed before the same authority that issued the first-instance decision. This ‘revocation recourse’, as it is known, is filed before the same examiner, so that any error or misanalysis can be corrected. Generally, however, the examiner will stand by his or her initial decision and the applicant will need to file a second appeal, called the hierarchical recourse, which is heard by a different examiner at a higher level.

For more information about this answer please contact: Juan Zapata from Bolet & Terrero
4.2
What is the procedure for appealing a trademark office refusal?
 
Bolivia
Once an application has been refused, the trademark owner can file an appeal within 10 working days. The appeal is filed before the same examiner who issued the decision under appeal and is decided within approximately 60 days.

For more information about this answer please contact: Juan Zapata from Bolet & Terrero
4.3
Can the reviewing body’s decision be appealed? If so, to what body and by what procedure?
 
Bolivia
The revocation recourse decision, in turn, can be appealed as a hierarchical recourse to the director of the National Intellectual Property Service. The appeal entails submission of a fully argued writ within 10 working days of service of the revocation recourse. A decision is issued within approximately 120 days.

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