BRAND

The Application for Registration of a Trademark or Distinctive Sign must be submitted to the competent national office, the National Intellectual Property Service, and must cover a single class of goods or services listed in the Nice International Classification. The following must be included:

• Power of Attorney: In cases where the applicant is represented, in accordance with the provisions of these regulations.
• SENAPI service fees: Proof of payment of the established fees.
• Publication fees: Official Gazette of Bolivia.
• Priority: If you wish to claim priority based on the Paris Convention or Decision 486, we require a copy of the originally submitted application.

We will advise you on your best protection option, taking into account the international conventions in force at any given time, and we will take the appropriate steps before the National Intellectual Property Service or the Competent National Intellectual Property Office for trademarks in the country of interest, through the legal channels established in each case, of the Plurinational State of Bolivia.

Regarding trademark monitoring, we offer a permanent monitoring service for all new trademark applications published in the Official Gazette of Bolivia and continuously in the various national official bulletins. We inform our clients of any potential conflicts with them through the legal channels established in the corresponding legislation.

Regarding trademark maintenance, we constantly monitor your trademarks throughout their legal life to notify you in advance of the steps required to maintain them in force, including fee payments, renewals, and declarations of use with the National Industrial Property Service.

*Words and combinations of words

*Images, figures, symbols, graphics, logos, monograms, portraits, labels, emblems, and coats of arms.

• Sounds and smells.
• Letters and numbers.
• A color delimited by a shape, or a combination of colors.
• The shape of products, their packaging, or wrapping.
• Any combination of the signs or media indicated in the previous sections.

Word Marks: These are made up of words or a combination of words that identify the product, company, or service offered.

Figurative Marks: These are images, figures, symbols, graphics, logos, portraits, labels, emblems, and emblems that clearly identify the product, company, or service offered.

Mixed Marks: These are those that contain a combination of words and graphic symbols.

Three-Dimensional Marks: These are marks that are distinguished by the distinctive shape of the products, their packaging, or wrapping.

Sound Marks: Sound marks must be represented graphically through a musical staff, sonogram, or onomatopoeia, and accompanied by a sound file that supports digital recording.

Auditory Marks: These are a set of chords or sounds, such as corporate music, tones, jingles, etc., that distinguish a company, a product, or a service offered.

Olfactory Marks: These are characteristic odors that identify a product, company, or service.

Registration of Trademarks.

A Trademark is a distinctive sign that accompanies a trademark and is composed of a word, phrase, or legend used as a complement to the trademark. A trademark must be transferred together with the trademark sign to which it is associated, and its validity will be subject to that of the sign.

Registration of Collective Trademarks.

A Collective Trademark is a proprietary sign that identifies products or services provided by productive groups or associations, whose members may use the trademark to market their products or services belonging to different companies and who use it under the control of a single owner. Its purpose is to distinguish the products or services of its members in the market.

Registration of Certification Marks.

A certification mark is a sign intended to be applied to products or services whose quality or other characteristics have been certified by the trademark owner.

Trade Name, Emblem, and Sign Registration.

A trade name refers to the distinctive identifying element or sign that allows its owner to distinguish or differentiate a business or commercial activity from other identical or similar ones carried out by its competitors. The sign that constitutes a trade name may coincide with the company’s name or corporate name.

Regarding Emblems or Signs

A trademark is an emblematic or nominal designation by which the company or establishment that owns it distinguishes itself from other commercial, industrial, and agricultural companies or establishments. The emblem or nominal sign may be an abbreviation of the company name, presented in a distinctive and distinctive form, so that, when combined with it, it can be considered a registrable trademark.

A sign shall be understood to be the name under which a manufacturing or commercial establishment is made known to the public and which is applied to displays, shop windows and other accessories to differentiate said establishment from other similar ones, distinguishing between signs consisting of the name of a merchant or company and fancy names.

DESIGNATION OF ORIGIN

What can be registered under designations of origin?

“Designation of Origin” means the geographical name of the region, canton, district, and/or locality used to designate a grape product whose quality or characteristics are exclusively or essentially due to the geographical environment and an interplay of natural and human factors.

The application for a declaration of protection for a designation of origin must be submitted to the National Intellectual Property Service and must meet the following requirements:

A summary of the qualities, reputation, or other essential characteristics of the products designated by the designation of origin.

• Maps with a geographical description of the protected area.
• A study of the soil, climate characteristics, soil characteristics, and the area where the product with the designation of origin to be protected is produced, among others.
• Other documents related to studies of the geographical environment that may be required.

Product-related:

• Updated description of the characteristics of the product to be protected, which may include taxonomic, bromatological, genetic, and other studies, depending on the type of product.
• Description of the differentiating elements that allow comparison with other products that do not have these characteristics, either due to a different species or due to geographical conditions.
• Other elements deemed appropriate by the interested party(ies).

Include certification of the characteristics of the product to be distinguished according to a technical standard or other appropriate document. This certification must be issued by an authorized entity or agency, whether private or state, with the authority to issue these certifications.

Formal examination:

The National Intellectual Property Service, through the Distinctive Signs Department, will examine compliance with the formal requirements set forth in Articles 203 and 204 of Decision 486 of the CAN within 30 (thirty) days following the date of submission of the application.

Publication of the application:

If the application for a declaration of protection and for delegation of the power to grant authorizations, as applicable, meets the formal requirements established in this chapter, the Directorate of Industrial and Intellectual Property will order its publication in the Official Gazette of the Plurinational State of Bolivia.