The country of Bolivia is located in the center of South America, bordering 5 countries: Brazil, Paraguay, Argentina, Chile and Peru – is a connection point between South American countries, facilitating regional trade and cooperation. Bolivia has a coastline of 470 km on the Paraguay River, which opens to the Atlantic Ocean, facilitating imports and exports. Bolivia has great potential for tourism development such as many unique cultural and natural heritages, attracting international tourists; The ancient cities of Sucre, Potosí, La Paz with impressive colonial architecture; Uyuni, the world’s largest salt desert, is a unique tourist destination. With such potentials, more and more businesses need to expand their business scope in this country. Therefore, to protect their brands in this market, enterprises need to register for trademark protection. Viet An Law would like to guide customers preliminarily through the procedures for trademark registration in Bolivia through the article below.
Legal basis
Andean Community Committee Decision No. 876 on the Common National Trademark Regime;
Commercial Code (issued under Decree No. 14.379 of February 25, 1977)
General overview of trademarks in Bolivia
A trademark can denote a certain quality or another factor that influences a consumer’s purchasing decision when they choose a product or service.
A trademark is an important tool that helps a trader strengthen the position of their product or service, as well as promote it in the market.
Trademark registration gives the owner the exclusive right to use the trademark in the market and prevents third parties from using it without their permission.
A trademark is a mark used to distinguish and differentiate a product or service in the market. The trademark has two main characteristics:
Can be represented by images.
Ability to distinguish.
The following elements may be registered as trademarks:
Words or word combinations: Brand name, slogan, slogan.
Images, illustrations, emblems, graphics, logos, abbreviations, portraits, labels, badges and icons: Product labels, company logos, unique images.
Sound and scent: The characteristic sound of the product, the characteristic scent of the brand.
Letters and numbers: Abbreviated names, unique serial numbers.
Colors are limited by shapes or combinations of colors: Signature brand colors.
Product shape, packaging or sheath: The unique design of the product, special packaging design.
Any combination of signs or means outlined in the preceding sections: A combination of stated elements to form a unique brand.
Form PI-100: Download the form from the website of the National Industrial Property Office, Ministry of Diversified Economic and Production Development (SENAPI), customers can refer to the following link: https://www.senapi.gob.bo/. Complete the required information on the form. Note, the application form needs to be filled out in Spanish.
Proof of identity:
For individuals: Provide a copy of your ID card or passport.
For businesses/organizations: Provide business registration or operation license, power of attorney to the legal representative (if any).
Trademark information:
The exact name of the trademark the applicant wishes to register.
A detailed description of the trademark, including shape, color, symbol, sound (if applicable).
Image of the brand: Size 4×4 cm, JPG-RGB format. Print in color and attach with the form. Use Pantone color coding to accurately describe colors (optional).
Grouping table of goods, products or services according to the Nice International Classification.
Fee Receipt: The trademark registration fee will depend on the type of trademark and the number of classes of products/services registered and the nationality of the owner. As follows:
Type of trademark: Registration fees for logos, words, sounds, or combinations of these elements may vary.
Number of registered groups of goods/services: Each group of products/services requires an additional fee.
Nationality of owner: Fees for foreign individuals/businesses are usually higher than for domestic individuals/businesses.
Payment fee to the Bolivian Government Newspaper: For domestic individuals and/or legal entities: 255 Bs; For foreign individuals and/or legal entities: 510 Bs.
Senapi payment fee: For individuals and/or legal entities in the country: 750 Bs; For foreign individuals and/or legal entities: 1500 Bs
Additional materials:
If registering a logo with a trademark name, it is necessary to submit documents proving the intellectual property rights to that logo (if any).
Notarized translations of non-Spanish documents (if applicable).
To file for trademark protection in Bolivia, you can file using the following filing methods:
Direct Submission: You can go directly to the office of the National Industrial Property Office, Ministry of Diversified Economic and Production Development (SENAPI) of Bolivia in Avenida Argentina No. 1914 Edificio “Angelica Maria” zona Miraflores La Paz to submit the application and related documents.
By Post: You can send your application and all required documents via postal service or courier service to the address of the National Industrial Property Agency, Ministry of Production Development and Diversified Economy (SENAPI) of Bolivia at Avenida Argentina No. 1914 Edificio “Angelica Maria” zona Miraflores La Paz.
Submit online via website:
https://dda.senapi.gob.bo/dan/ When applying online, you should pay attention to the payment of the relevant fee in accordance with SENAPI instructions:
After filing the trademark application, SENAPI will process the trademark application according to the following process:
Formal appraisal
SENAPI will check the validity of the application in terms of form, including information, documents, application fees, etc. This process usually takes about 1 month.
Publication of application
If the application is valid, SENAPI will publish the application in the Bolivian Government Newspaper within 2 months. Any third party may object to the application from the date of publication.
Content appraisal
SENAPI will review the protection of the trademark, including the possibility of distinction, infringement of the intellectual property rights of others, etc. This process usually takes about 9 months.
Decide to register
If the requirements are met, SENAPI will issue a Trademark Registration Certificate. Otherwise, SENAPI will make a decision to dismiss the application.
Trademark registration service in Bolivia of Viet An Law Firm
Perform the search and notify customers in writing of the results of trademark search in Bolivia;
Drafting dossiers and directly submitting and monitoring the status of trademark filings in Bolivia;
Inform, advise and handle deficiencies/refusals of competent State agencies (if any) in the process of monitoring trademark applications in Bolivia;
Assist in monitoring, representing the resolution of objections and feedback with intellectual property representatives carrying out procedures in Bolivia.
Receive dispatches, certificates and hand over to customers (if any).
If you want to file a trademark application in Bolivia, please contact Viet An Law Firm for the most effective support.
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