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Results: 4 Answers
Trademarks
8.
Maintenance and removal of registrations
8.1
What is the length of the initial term of registration and what is the length of renewal terms?
 
Bolivia
The initial term of registration is 10 years and the renewal terms thereafter are also 10 years.

For more information about this answer please contact: Juan Zapata from Bolet & Terrero
8.2
What, if anything, must be submitted to the trademark office to maintain or renew a registration?
 
Bolivia
In order to renew a trademark registration, a renewal application must be submitted. The renewal application requires the submission of forms and a petition, along with a power of attorney.

For more information about this answer please contact: Juan Zapata from Bolet & Terrero
8.3
What are the grounds for cancelling a trademark registration?
 
Bolivia
A trademark registration may be cancelled solely on the grounds of non-use. If a trademark owner has not used its mark for three consecutive years, a third party may seek cancellation of the mark.

For more information about this answer please contact: Juan Zapata from Bolet & Terrero
8.4
Under what circumstances may the trademark office cancel a registration on its own initiative?
 
Bolivia
The National Intellectual Property Service (SENAPI) cannot and will not seek cancellation of a trademark registration on its own, even if the trademark owner has not been using the mark.

For more information about this answer please contact: Juan Zapata from Bolet & Terrero
8.5
What is the procedure by which a third party may seek cancellation of a trademark registration?
 
Bolivia
The procedure to seek cancellation of a trademark registration is quite simple. Any third party can file a cancellation petition arguing the mark is not in use. The third party need make no further argument or action. At this point, it is the trademark owner that needs to provide evidence of use in any Andean country through accepted and appropriate evidentiary documentation.

For more information about this answer please contact: Juan Zapata from Bolet & Terrero
8.6
What is the procedure for appealing a decision cancelling a registration?
 
Bolivia
A cancellation decision may be appealed by an appeal in the form of a revocation recourse before the same examiner. The appellant can argue only that the evidence proves, or does not prove, sufficient and real use of the mark during the relevant period.

The revocation recourse decision, in turn, can be appealed as a hierarchical recourse to the director of SENAPI. The appeal entails the submission of a fully argued writ within 10 working days.

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