Region: Bolivia

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.

01 August 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.

20 March 2018

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.

20 October 2017

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.

29 June 2016

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.

14 September 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.

24 March 2015

PTO adopts controversial interpretation in cancellation proceedings

In <I>TM Americanino v Americanino</I>, the Patent and Trademark Office has adopted a new interpretation concerning the period of time for which use must be shown to avert the cancellation of a mark. This new position departs from the previous line of jurisprudence and seems to run afoul of the text of the law.

13 November 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.

20 June 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.

12 February 2014

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.

22 October 2013

Unlock unlimited access to all WTR content