Bolivia

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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

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. Read more

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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. Read more

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. Read more

Trademark law

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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. 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. Read more

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. Read more

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