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.
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Results: 4 Answers
Trademarks
5.
Oppositions
5.1
Can a third party oppose a trademark application?
 
Bolivia
Any third party can oppose a trademark application on relative or absolute grounds. A third-party trademark owner usually argues likelihood of confusion (relative grounds), although it can also argue absolute grounds. Non-trademark owners can argue only genericness, descriptiveness or other absolute grounds.

For more information about this answer please contact: Juan Zapata from Bolet & Terrero
5.2
Who has standing to oppose a trademark application?
 
Bolivia
The law states that any ‘person with an interest’ has standing to oppose a trademark application. While this is a very broad concept, it is understood to refer to any person that either:

  • owns a trademark registration or application and believes that the published application is confusingly similar to its mark; or
  • without necessarily owning a trademark application or registration, believes that registration should be refused on absolute grounds.
For more information about this answer please contact: Juan Zapata from Bolet & Terrero
5.3
What is the timeframe for opposing a trademark application?
 
Bolivia
The timeframe for opposing a trademark application is 30 working days from publication in the Official Gazette.

For more information about this answer please contact: Juan Zapata from Bolet & Terrero
5.4
Which body hears oppositions?
 
Bolivia
Oppositions are heard by an examiner in the oppositions section at the National Intellectual Property Service (SENAPI). The appointed examiner will conduct the procedure until the first-instance resolution.

For more information about this answer please contact: Juan Zapata from Bolet & Terrero
5.5
What is the process by which an opposition proceeds?
 
Bolivia
The opposition process is quite straightforward. Within 30 days of publication in the Official Gazette, a fully substantiated opposition must be filed. An extra 10-day period can be requested to submit evidence, if necessary; otherwise, the evidence must be filed along with the opposition. Subsequently, the opposition is served on the applicant for response, which must set out its arguments within a 30-day deadline. Upon receiving the opposition and response, SENAPI will first analyse the opposition and then perform subject-matter analysis to examine whether any additional relative or absolute grounds for refusal exist; it will then issue its decision accordingly.

For more information about this answer please contact: Juan Zapata from Bolet & Terrero
5.6
Can the decision on the opposition be appealed? If so, to what body and by what procedure?
 
Bolivia
Once an opposition decision has been issued, any party can file an appeal within 10 working days. The appeal is filed before the same examiner who issued the first-instance decision, in the form of a revocation recourse; in practice, such decisions are overwhelmingly upheld.

The revocation recourse decision, in turn, can be appealed as a hierarchical recourse to the director of SENAPI. 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