Bolivia

How to combat parasitic applications in Bolivia

While protecting brands against bad-faith applications can throw up numerous challenges, a strong national regime offers various ways to overcome these

How to combat parasitic applications in Bolivia

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8 Jul 2020

Defending against bad-faith applications in the Andean region

Protecting brands against parasitic trademarks can raise numerous challenges in Bolivia, Colombia, Ecuador and Peru – but there are ways to overcome them. Read more

16 Jun 2020

Bolivian Trademark Office’s response to covid-19 pandemic: when the cure is worse than the disease

The Bolivian Patent and Trademark Office was caught off-guard when the country was put into lockdown. The office has never offered or prepared for the provision of online services, and the actions taken in response to the lockdown arguably caused more problems than they solved. Read more

14 Feb 2020

Andean Court of Justice interpretations on cancellation actions: mere respite or permanent solution?

The Andean Court of Justice has issued prejudicial opinions stating that the courts of the Andean Community countries should take a more liberal approach when considering what amounts to use of a mark within the context of a cancellation action. Read more

4 Oct 2019

adidas’ Telstar football registered as 3D mark

In an arguably controversial decision, the Bolivian Patent and Trademark Office has allowed the registration of a 3D trademark representing the official 2018 World Cup ball for goods in Class 28 in the name of adidas AG. Read more

Brand management

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1 Aug 2018

Chaos as PTO imposes overly strict power of attorney requirements

New power of attorney requirements imposed by the Patent and Trademark Office (PTO) have caused administrative chaos in Bolivia. Following intervention by the Ministry of Economic Development, the PTO is now having to backtrack.

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Enforcement and Litigation

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4 Mar 2019

Cancellation actions: towards lighter evidence of use requirements

Until now, the Bolivian Patent and Trademark Office had interpreted Article 165 of Decision 486 as meaning that use of a mark had to be shown for each of the three consecutive years making up the relevant period. However, in a welcome development for mark owners, the Andean Tribunal recently reached an opposite conclusion. Read more

20 Oct 2017

When rigid legal interpretation overrides common sense

The trademark office’s previous examination of use accepted all evidentiary means that would reasonably show and contextualise a showing of actual use. However, the office now almost exclusively admits only sales receipts from the territory as evidence of use.

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29 Jun 2016

Commercial name right can no longer jeopardise trademark right

A recent landmark decision by the Bolivia Supreme Court has clarified the law on how trademark rights and commercial name right disputes are to be handled in litigation.

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Government/Policy

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24 Mar 2015

New notarial law favourably impacts costs and timeframes for foreign mark owners

Following some legal challenges, a new notarial law has finally come into force, superseding a 150-year-old law. In essence, the new law removes the notarial functions from the judiciary and passes them on to the executive branch. For trademark owners, this means faster local procedures and somewhat lower out-of-pocket expenses.

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Online

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8 May 2009

Variation of the UDRP adopted

NIC Bolivia, the registry responsible for Bolivia's country-code top-level domain, '.bo', has adopted a variation of the Uniform Domain Name Dispute Resolution Policy. The major difference between the UDRP and Bolivia's variation is that under the Bolivian procedure, either registration or use in bad faith must be established.

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Portfolio Management

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20 Mar 2018

Trademark Office considers evidence of mark's fame abroad in rare departure from usual approach

In a significant decision, the Bolivian Trademark Office has departed from its usual territorially-based approach and considered evidence of a trademark’s fame abroad.

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14 Sep 2015

Good news for mark owners as evidence filing requirements for Andean oppositions are relaxed

The much-anticipated IP bylaw - called the Internal Bolivian Industrial Property Bylaw - of the Bolivian Patent and Trademark Office has finally been adopted. The bylaw introduces simplified requirements for filing evidence in Andean oppositions, which will impact such procedures in terms of time, effort and costs.

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20 Jun 2014

Case pending appeal could mark U-turn regarding representation

The Patent and Trademark Office has unexpectedly rejected an opposition on the ground that the power of attorney given to the opponent's local agent had been issued after the opposition was filed and, therefore, the opponent had acted without representation. The decision has created uncertainty and nervousness amongst trademark owners and practitioners, as the outcome of the case, which is currently under appeal, could mark a new trend regarding representation.

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12 Feb 2014

Constitutional Court upholds legality of trademark renewal provisions

The Constitutional High Court has rejected a petition seeking to have the provisions on renewals of the Trademark Law and its bylaw declared unconstitutional. The petition had been filed by a trademark pirate which sought to ‘steal’ the famous mark of a US company. Had the petition been upheld, thousands of renewals could have been declared null and void for failure to meet the formal requirements of Administrative Law 2341.

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Trademark law

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22 Oct 2013

Abrupt procedural change in Andean oppositions adversely affects trademark owners

The Trademark Office has changed its established procedure for filing Andean oppositions, in a move that is widely regarded as an aberrant change to the interpretation of the requirement of “showing of real interest” under Article 147 of Andean Community Decision 486. The office’s over-literal interpretation of the wording of Resolution 105-IP of the Andean Community Court of Justice is having an adverse impact on trademark owners.

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