The system for trademark protection in Bolivia includes:

• Registration

Bolivia belongs to the following international treaties:

• Paris Convention
• Nice Agreement Concerning the International Classification of Goods and Services for the Purposes of the Registration of Marks
• Vienna Agreement Establishing an International Classification of the Figurative Element of Marks
• Lisbon Agreement for the Protection of Appellations of Origin and their International Registration

The benefits of registering a trademark in Bolivia include:

• It is the only form of protection available for trademarks
• It entitles the proprietor to bring an infringement action
• Other: Registration of a mark shall confer on its owner the right to proceed against any third party who, without his consent, performs any of the following acts:
  (a) using or affixing the mark, or an identical or similar distinctive sign on goods for which the mark has been registered, on goods connected with the services for which it has been registered, or on containers, wrappers, packaging or other means of presenting such products;
  (b) removing or altering the mark for commercial purposes after it has been applied or affixed to the goods for which the mark has been registered, to the goods connected with the services for which it has been registered or to the containers, wrappers, packaging or other means of presentation of such goods;
  (c) manufacturing labels, containers, wrappers, packaging or other materials that reproduce or include the mark, and also marketing or stocking such materials;
  (d) using, in business dealings, a sign identical or similar to the mark in relation to any goods or services where such use could cause confusion or a risk of association with the owner of the registration. Where an identical sign is used for identical goods or services, it shall be presumed that there is a risk of confusion;
  (e) using a sign in business dealings that is identical or similar to a mark well known for any goods or services where such use could cause the owner of the registration undue economic or commercial harm owing to the dilution of the distinctiveness or market or advertising value of the mark, or owing to unfair exploitation of the prestige of the mark or its owner;
  (f) making public use of a sign identical or similar to a well-known mark, even for noncommercial purposes, where such use could cause dilution of the distinctiveness or market or advertising value of the mark or unfair exploitation of its prestige.

Service marks

Yes

Defensive marks

No

Collective marks

Yes, the application for registration shall specify that it is for a collective mark, and
shall be accompanied by:

1. a copy of the statutes of the association, organization or group of persons applying for registration of the collective mark;
2. a list of members; and
3. a statement of the conditions on and form in which the collective mark is to be used in connection with the goods or services.

Once registration of the collective mark has been secured, the association, organization or group of persons shall inform the competent national office of any changes that may occur in any of the documents referred to in this article.

Certification marks

Yes, the application for registration of a certification mark shall be accompanied by the rules for use of the mark, which shall specify the goods or services that may be covered by the owner’s certification, define the characteristics guaranteed by the presence of the mark and describe the manner in which control over such characteristics shall be exercised before and after use of the mark has been authorized. The rules of use shall be registered together with the mark. Any amendment to the rules of use of the certification mark shall be brought to the notice of the competent national office. The amendment to the rules of use shall be enforceable against third parties on its entry in the corresponding register.

Well-known marks

No

Series marks

No

Marks in a different language or characters other than Roman characters

Yes, the following signs, among others, may constitute marks:

1. words or word combinations;
2. images, figures, symbols, graphics, logotypes, monograms, portraits, labels, emblems and shields;
3. sounds and aromas;
4. letters and numerals;
5. a color within an outline, or a color combination;
6. the shape of the goods, their containers or their packaging;
7. any combination of the signs or elements specified in the foregoing subparagraphs.

Non-traditional marks: Sound marks

Yes, the following signs, among others, may constitute marks:

1. words or word combinations;
2. images, figures, symbols, graphics, logotypes, monograms, portraits, labels, emblems and shields;
3. sounds and aromas;
4. letters and numerals;
5. a color within an outline, or a color combination;
6. the shape of the goods, their containers or their packaging;
7. any combination of the signs or elements specified in the foregoing subparagraphs.

Non-traditional marks: Smell marks

Yes, the following signs, among others, may constitute marks:

1. words or word combinations;
2. images, figures, symbols, graphics, logotypes, monograms, portraits, labels, emblems and shields;
3. sounds and aromas;
4. letters and numerals;
5. a color within an outline, or a color combination;
6. the shape of the goods, their containers or their packaging;
7. any combination of the signs or elements specified in the foregoing subparagraphs.

Non-traditional marks: Position marks

Yes, the following signs, among others, may constitute marks:

1. words or word combinations;
2. images, figures, symbols, graphics, logotypes, monograms, portraits, labels, emblems and shields;
3. sounds and aromas;
4. letters and numerals;
5. a color within an outline, or a color combination;
6. the shape of the goods, their containers or their packaging;
7. any combination of the signs or elements specified in the foregoing subparagraphs.

Non-traditional marks: Color marks (i.e. registration of a single color or a combination of colors, e.g. Cadbury's purple color)

Yes, the following signs, among others, may constitute marks:

1. words or word combinations;
2. images, figures, symbols, graphics, logotypes, monograms, portraits, labels, emblems and shields;
3. sounds and aromas;
4. letters and numerals;
5. a color within an outline, or a color combination;
6. the shape of the goods, their containers or their packaging;
7. any combination of the signs or elements specified in the foregoing subparagraphs.

Non-traditional marks: Shape or three-dimensional marks

Yes, the following signs, among others, may constitute marks:

1. words or word combinations;
2. images, figures, symbols, graphics, logotypes, monograms, portraits, labels, emblems and shields;
3. sounds and aromas;
4. letters and numerals;
5. a color within an outline, or a color combination;
6. the shape of the goods, their containers or their packaging;
7. any combination of the signs or elements specified in the foregoing subparagraphs. 

Other: Trade Names

Trade names A trade name shall be understood to be any sign that identifies an economic activity, an undertaking or a trading establishment.

An undertaking or establishment may own more than one trade name. The trade name of an undertaking or establishment may be constituted among other things by its corporate designation, its business style or another designation entered in a register of traders or trade undertakings.

An appellation of origin [denominación de origen] shall be understood to be a geographical indication consisting in the name of a particular country, region or place or a name which, without being that of a particular country, region or place, refers to a particular geographical area, and is used to designate a product originating therein the quality, reputation or other characteristics of which are exclusively or essentially due to the geographical environment in which it is produced, including both natural and human factors.

An indication of source [indicación de procedencia] shall be understood to be a name, expression, image or sign that designates or evokes a particular country, region, locality or place.

Member countries may register advertising slogans as marks in conformity with their national legislation. An advertising slogan is understood to be the word, phrase or caption used to complement a mark.

Documents and information required to file a trademark application in Bolivia include:

• Name and address of the applicant
• Representation of the trademark
• Goods and services and the class(es) for which the trademark is to be registered
• Power of Attorney
• Other: The application for registration of a mark shall be filed with the competent national office shall relate to a single class of goods or services and shall include the following documents:

1. the request;
2. a reproduction of the mark in the case of a wordmark featuring graphic elements, shapes or color or a figurative, composite or three-dimensional mark with or without color;
3. such powers of attorney as may be necessary;
4. proof of payment of the prescribed fee;
5. the authorization required in the cases provided for in Articles 135 and 136, where applicable; and
6. where applicable, the certificate of registration of the country of origin, issued by the authority that granted it and, where provided in the domestic legislation, proof of payment of the prescribed fee where the applicant wishes to avail himself of the right provided for in Article 6quinquies of the Paris Convention.

No, multi-class applications are not permitted in Bolivia.

Yes, there is substantive examination of trademarks in Bolivia on the following grounds:

• Substantive grounds
• Relative grounds

Absolute grounds for refusal of a trademark in Bolivia include:

• Mark has direct reference to the character or quality of the goods or services
• Mark is not distinctive
• Mark consists of a geographical name
• Mark consists of geometric shapes
• Other: 

1. cannot constitute marks according to the first paragraph of the foregoing Article;
2. lack distinctiveness;
3. consist solely of the everyday shape of the goods or their packaging, or of shapes or characteristics dictated by the particular nature or function of the product or service concerned;
4. consist solely of shapes or other elements that afford a functional or technical advantage to the product or service to which they are applied;
5. consist solely of a sign or statement that may serve in business to describe the quality, quantity, purpose, value, place of origin or time of production of, or to impart other data, characteristics or information concerning, the products or services for which the sign or statement is to be used, including expressions extolling the said goods or services;
6. consist solely of a sign or statement which is the generic or technical name of the product or service concerned;
7. consist solely or have become the common or usual designation for the product or service concerned in the everyday language or usage of the country;
8. consist of color in isolation, without any demarcation to give it a specific shape;
9. are liable to deceive business circles or the public, in particular as to the source, nature, manufacturing methods, characteristics or qualities of the goods or services concerned, or their suitability for their purpose;
10. reproduce, imitate or contain a protected appellation of origin for the same or different goods where the use of the sign could create a risk of confusion or association with the said appellation, or might constitute misappropriation of its notoriety;
11. contain a protected appellation of origin for wines and spirits;
12. consist of a national or foreign geographical indication liable to cause confusion with regard to the goods or services to which it applies;
13. reproduce or imitate, without the permission of the competent authorities, either as marks or as elements of marks, coats of arms, flags, emblems or official signs and marks denoting control and warranty adopted by States, and any imitation thereof from the heraldic point of view, and also the coats of arms, flags and other emblems, names or abbreviated names of any international organizations;
14. reproduce or imitate signs denoting conformity with technical standards, except where the registration thereof is applied for by the national body responsible for standards and quality requirements in member countries;
15. reproduce, imitate or include the denomination of a plant variety protected in a member country or abroad, if the sign is intended for goods or services related to that variety, or where such use would be liable to cause confusion or association with it; or
16. are contrary to law, morality, public policy or proper practice.

Relative grounds for refusal of a trademark in Bolivia include:

• There is a prior application for registration or registration for an identical or confusingly similar mark in relation to the same goods or services as the subject mark
• There is a prior application for registration or registration for an identical or confusingly similar mark in relation to similar goods or services (although in a different class) as the subject mark
• Other: (a) they are identical or similar to a mark previously filed for registration or registered by a third party in respect of the same goods or services, or for goods or services regarding which the use of the mark could cause a risk of confusion or association; (b) they are identical or similar to a protected trade name or a label or business sign, in so far as they might, under the circumstances, create a risk of confusion or association; (c) they are identical or similar to an advertising slogan filed for registration or registered, in so far as their use might, under the circumstances, create a risk of confusion or association; (d) they are identical or similar to the distinctive sign of a third party, in so far as their use might, under the circumstances, create a risk of confusion or association where the applicant is or has been a representative or distributor of, or a person expressly authorized by, the owner of the sign protected in the member country or abroad; (e) they consist of a sign that affects the identity or prestige of profit-making or nonprofit-making legal entities, or natural persons, including especially the forename, surname, signature, title, hypocoristic, pseudonym, likeness, portrait or caricature of a person other than the applicant or identified by the relevant sector of the public as a person other than the applicant, except where the consent of that person or, if he is deceased, that of those declared his heirs are proved; (f) they consist of a sign that infringes the industrial property rights or copyright of a third party, except where the consent of the latter has been obtained; (g) they consist of the names of indigenous Afro-American or local communities or the names, words, letters, characters or signs used to distinguish their goods or services or the manner of their processing, or which constitute an expression of their culture or practice, except where the application is filed by the community itself or with its express consent; and (h) they constitute a reproduction, imitation, translation, transliteration or transcription of all or part of a well-known distinctive sign the owner of which is a third party, regardless of the goods or services to which the sign is applied, where their use would be liable to create a risk of confusion or association with that third party or with his goods or services, constitute misappropriation of the prestige of the sign or dilution of its distinctive power or commercial or advertising value.

The time period from application to registration in Bolivia is between 6-12 months.

No, late renewal of trademark registration is not permissible in Bolivia.

No, evidence of use does not need to be submitted to the trademark office in order to maintain an application for registration or registration of a trademark in Bolivia.

No, trademark licensees are not required to record themselves with the Registrar in Bolivia,  however, it is recommended. The owner of a granted or pending registration of a mark may license one or more third parties to exploit the mark in question. Any license for the use of a mark shall be registered with the competent national office. Failure to register shall cause the license to be unenforceable against third parties. For the purposes of registration, the license shall be evidenced in writing. Any interested party may apply for the registration of a license.

Available enforcement methods in Bolivia include:

• Civil enforcement
  • Infringement action
• Criminal enforcement
• Administrative enforcement
• Misdemeanor enforcement
• Border or other administrative enforcement measures

None identified.