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Trademark Registration in
Latin America:

Argentina

Bolivia

Brazil

Belize

Chile

Costa Rica

Colombia

El Salvador

Ecuador

French Guiana

Guatemala

Guyana

Honduras

Nicaragua

Mexico

Panama

Paraguay

Peru

Suriname

Uruguay

Venezuela

Contact us:

Email: info@proxario.netproxario@gmail.com

Head Office : Av. República de Colombia, Ciudad Real 2, M-D E-1 Office 101,
Santo Domingo 10605, Dominican Republic.

Tel: +212 (470) 8762 (English)

 
Bolivia

General trademark information of Bolivia

Trademark Laws and Regulations in Bolivia:
Registration is required to establish rights in a trademark; this is a "first to file" jurisdiction.

The local law is based on the Trademark Act of 1918 and the Andean Pact Decision, latest in force Decision 486 of December, 2000.

This is no multi-class country. Therefore, a separate application has to be filed for each class of goods and services.
Marks registered in black and white or grayscale are construed broadly to protect the mark both as registered and in other color combinations.
An applicant does not benefit from pre-filing use of a trademark.
Neither actual use nor intent to use is required for application.
Bolivia is a member of the following international treaties relating to intellectual property: Paris Convention and Nairobi Treaty.
Neither actual use nor intent to use is required for application.
This jurisdiction does not have disclaimer practice (i.e., a practice whereby the applicant must disclaim any exclusive right to an element of a trademark that is not distinctive).

Requirements:
Bolivia, as an integral part of the Andean Community, applies Decision 486 of the Andean Pact, for consequently, for the presentation of any procedure we require a power of attorney (POA) from the holder, if possible at the time of the request. If this is not the case, the aforementioned Decision gives us 60 business days from the notification with the lack of the document, after which the request will be rejected and abandoned by the Intellectual Property Office. The respective power must stand alone apostilled in the country of origin (if it belongs to the Hague Convention) or legalized before the Ministry of Foreign Affairs and the Bolivian Consulate (if the country is not a member). The POA needs to follow local notarization proceedings (extra fees apply).
If you want to claim priority based on the Paris Convention or Decision 486, we require a certified copy of the application, as originally filed. To be join the process within 3 months from filing date.

The order of the application process is as follows:
Applications are filed at the Bolivian Intellectual Property Office, called as National Service of Intellectual Property "SENAPI".
The application process includes a formal examination compliance made by the SENAPI that considers also prior rights.
The opposition period ends on the following date: 30 administrative days, counted as of the first publication date.
The first Office action may take place as soon as 4 weeks after application if the application is not complete and may request the completion of such an application, providing a 60 working day deadline for this purpose. Coexistence agreement are accepted.

Timeframe:
The processing time from first filing to registration of a trademark in Bolivia is approx. 9-12 months.

Duration:
The initial term of a registration in Bolivia is 10 years. The beginning of the term of a registration is calculated from the registration date.
Subsequent renewals last for the following period of time: 10 years from the renewal date of the registration. There is a grace period for renewing registrations once the renewal date has expired. The grace period after the renewal date has expired is: 6 months.

General trademark information of Bolivia:
Registration is required to establish rights in a trademark; this is a "first-to-file" jurisdiction.
Use of an unregistered mark for the following specified goods only is not legal:
pharmaceutical products.
This provision is not always enforced, and it is not uncommon to see pharmaceutical products that are not covered by a registered trademark being allowed into the market, even though the Trademark Law (Law of January 15, 1918, on Trademarks and Industrial and Commercial Records) provides for the mandatory registration of a trademark for pharmaceutical products.
No legislation regarding plain packaging has been enacted in this jurisdiction, and it is not under active consideration.

A. Time Frame for Obtaining Registration
The approximate time from application to registration (for a regular prosecution, without opposition) is:
14 months.

B. Advantages of Registration
The benefits of registering a trademark include the following:
it is the sole means of obtaining rights in or title to the trademark;
it provides prima facie evidence of ownership and validity;
it provides regional, national, and/or local protection;
it allows use of "Registered Trademark" or other suitable terms or abbreviations to demonstrate ownership of the trademark;
it allows the registrant access to bring actions in particular courts;
it helps to deter others from unlawfully using the trademark;
it provides a defense to infringement;
enforcement of an unregistered trademark is more difficult and more costly than enforcement of a registered trademark;
it confers the ability to recover maximum monetary damages for infringement;
it encourages licensees and provides the opportunity to generate royalties through licensing.

II. Pre-Filing

A. Registrable Trademarks

The following signs that can be reproduced graphically and are capable of distinguishing the goods or services of one person or entity from another are registrable as a trademark:

words;

names;

devices;

certain three-dimensional shapes;

colors

(defined by a specific shape);

slogans;

sounds;

smells (olfactory trademarks)

(as long as they can be represented graphically, for example, by their chemical formula);

trade dress/get-up;

holograms;

motion;

taste;

touch;

 anything that has distinctive capacity can be registered as a mark as long as it can be represented graphically.

The special requirements for the registration of three-dimensional shapes are:

 a graphic representation of the different views of the design.

The special requirements for the registration of colors are:

 that they be defined by a given shape. Colors in abstract are not recordable unless within a specific form or shape.

The special requirements for the registration of sounds are:

 a graphic representation of the sound, e.g., the musical notes, scales, etc.

The special requirements for the registration of smells are:

 a graphic representation to identify the smell. How an objective and clear representation of the smell is depicted and accepted can be an issue. Consult a local trademark attorney.

The special requirements for the registration of trade dress are:

 the views or drawings from different angles of the object being protected through trade dress.

The special requirements for the registration of holograms are:

 representation of the hologram. The hologram is a two-dimensional representation with the perception of a three-dimensional representation. In view of this, a hologram would need to be recorded like a three-dimensional mark by incorporating the different views.

The special requirements for the registration of motion are:

 a graphic representation to identify the motion. However, motion marks present the problem that they will have to be depicted by static views. Hence, a motion mark needs to include the most representative static views of the whole movement. The mark would need to be filed similarly to a trade dress filing: protecting each part of the views (movement) that comprise the entire motion.

The special requirements for the registration of taste are:

 a graphic representation to identify the taste. How an objective and clear representation of the taste is depicted and accepted can be an issue. Consult a local trademark attorney.

The special requirements for the registration of touch are:

 a graphic representation to identify touch. In fact, touch marks can be very closely assimilated to three-dimensional marks and thus, to their registration requirements, as three-dimensional marks are recognized through touch as well.

Marks registered in black and white or grayscale are construed narrowly to protect the mark as registered and not in other color combinations.

In addition to regular trademark registrations, the following types of trademarks are registrable:

collective marks;

certification marks;

well-known marks;

service marks.

Retail services as such are not registrable, but the following (or a comparable recitation) is permitted: the bringing together, for the benefit of others, of a variety of goods (excluding the transport thereof), enabling customers to conveniently view and purchase those goods. (Consult a local attorney for additional advice.)

 It is generally accepted in this jurisdiction that the registration of a product or service entails the right to sell the product or service. The right to sell inherently belongs to the owner of the trademark registration.

The following are not registrable as trademarks:

marks contrary to moral standards or public order;

generic terms;

names, flags, or symbols of states, nations, regions, or international organizations;

non-distinctive trademarks, absent a showing of acquired distinctiveness (secondary meaning).

Geographical indications (GIs) are protected in this jurisdiction.

GIs are protected by way of:

special laws for the protection of geographical indications or appellations of origin;

specific laws or decrees that recognize individual geographical indications.

The following products or categories are subject to GI protection in this jurisdiction:

Quinoa Real;

Singani (spirit made from distilled moscatel grapes);

Hot peppers;

Wine from the Cinti Valley.

B. Searching

While conducting a private pre-filing search is not mandatory, it is recommended in that it can:

save the applicant the time, effort, and cost entailed in developing, adopting, and applying to register a trademark in which someone else has prior rights;

 assist in identifying other possible obstacles to registration, such as derogatory meanings or other absolute prohibitions.

The national office is accessible online at the following URL:

 https://www.senapi.gob.bo/

The official register cannot be searched online.

C. Use

An applicant benefits from pre-filing use of a trademark.

Eventually, and solely in this situation, a benefit from pre-filing use of the mark would occur in a scenario where such use leads to the acquisition of secondary meaning, thereby availing and assisting the application in a future filing.

The benefits of pre-filing use are:

Use may demonstrate acquired distinctiveness (secondary meaning) and help to overcome an objection to an application to register the trademark on the ground of non-distinctiveness.

When a mark is not registered, use of that mark may provide the following benefits:

Courts may protect unregistered trademarks in some exceptional cases.

Special protection against infringement may be available for a famous and/or well-known mark that is not registered.

Famous and/or well-known marks are protected via the following mechanism(s):

a determination by the court resulting from an action for infringement;

a determination by the court (other than one resulting from an action for infringement).

D. International Treaties

This jurisdiction is a member of the following international treaties relating to intellectual property:

Paris Convention;

Nairobi Treaty.

III. Filing

A. Requirements

If the applicant is not domiciled in this jurisdiction, a local address for service must be provided.

Joint applicants are permitted in this jurisdiction.

Neither actual use nor intent to use is required for application.

The following information is required to COMPLETE an application:

name and address of applicant;

state or country of incorporation;

description of trademark;

representation of trademark (a depiction of the mark an applicant seeks to register);

list of goods/services;

power of attorney;

official filing fee;

priority claim, where priority of an earlier application is claimed.

While ALL of the items noted in the list immediately above are required to COMPLETE an application, ONLY THE FOLLOWING ITEMS from that list are required in order to SECURE A FILING DATE:

name and address of applicant;

state or country of incorporation;

description of trademark;

representation of trademark (a depiction of the mark an applicant seeks to register);

list of goods/services;

official filing fee;

priority claim, where priority of an earlier application is claimed.

 While the actual certified priority document can be filed at a subsequent date, a few details of the priority need to be mentioned, such as the original country where priority is being claimed from and its number.

The list of goods and services in this jurisdiction may specify:

the relevant class heading;

a list of names commonly used in the trade for the specific goods or services of interest;

the relevant entire (long) alphabetical class listing.

The relevant entire (long) alphabetical class listing is appropriate to use in applications for:

goods and/or services.

The following number of copies of the trademark must be submitted:

one.

In this jurisdiction, the following types of registration are available:

national.

This jurisdiction is not a party to either the Madrid Agreement or the Madrid Protocol and may not be designated in international applications.

This country is not a member of the European Union; a European Union Trade Mark registration (formerly a Community Trade Mark registration) is not effective in this jurisdiction.

No (other) multinational regional registrations are available in this jurisdiction.

Applications cannot be filed online.

The official file cannot be accessed online.

Applications are not officially searched as to prior trademarks

at the time of filing; however, at the last stage of prosecution, applications will be officially searched as to prior trademarks to determine if there are prior marks that block registration.

B. Priority

If an applicant's home country is a signatory to the Paris Convention, the filing date of its home application can be claimed as the filing date in this jurisdiction, provided that its home application was filed within the fixed period of six months preceding the application in this jurisdiction.

If an applicant's home country is a member of the World Trade Organization, it should be possible to claim the home filing date. (Consult a local trademark attorney.)

If an applicant's home country is a member of the Andean Community, it should be possible to claim the home filing date. (Consult a local trademark attorney.)

C. Classification

This jurisdiction uses the Nice Classification System;

 however, it is not a member of the Nice Agreement.

If a trademark is or will be used in more than one class of goods and/or services, it is necessary to file a separate application for each class of goods and/or services.

D. Representation

An application to register a trademark may be filed directly in this jurisdiction by:

the applicant, even if not a citizen of or domiciled in the jurisdiction;

a trademark representative/attorney/agent, even if not a citizen of or domiciled in the jurisdiction.

IV. Application

A. Publication

The filing particulars of an application are made available to the public.

The filing particulars are made available to the public:

through publication.

The following application details are made available to the public:

mark;

name of applicant;

address of applicant;

state or country of incorporation of applicant;

application number;

application date;

goods/services;

priority claim information;

representation of trademark;

 publication number.

B. Examination

Applications are examined in respect of:

formalities: i.e., for compliance with the filing requirements;

classification: i.e., to ensure that the goods or services fall within the class(es) listed in the application;

clarity: i.e., that descriptions are clear and understandable;

descriptiveness: i.e., to check whether a trademark functions solely to provide information about the goods and services affiliated with the trademark;

distinctiveness: i.e., to ensure that trademarks are capable of being represented graphically and of distinguishing the goods or services of one individual or organization from those of other individuals or organizations;

deceptiveness: i.e., to check whether a trademark is of such a nature as to deceive the public (for instance, as to the nature, quality, or geographic origin of the goods or services);

conflict with prior registration, prior-filed application, or earlier unregistered rights resulting from an official search.

A trademark receives an initial formal examination to determine compliance with requirements, then it is published for opposition purposes, and finally it undergoes a registrability examination to determine compliance with substantive requirements of the law.

If the local trademark authority issues a preliminary refusal to register a mark based on an earlier registration owned by another:

The existence of a valid coexistence agreement between the applicant and the cited registrant may be accepted as evidence permitting registration of the application; its acceptance is at the discretion of the trademark authority.

This jurisdiction does not have disclaimer practice (i.e., a practice whereby the applicant must disclaim any exclusive right to an element of a trademark that is not distinctive).

The order of the application process is as follows:

 examination for formal compliance, publication, examination, registration.

C. Prosecution

Accelerated examination may not be requested.

The following rights are established by a pending application:

the filing date of the application establishes a home filing date for purposes of priority;

the pending application can be cited in official examination against a subsequent (later-filed) conflicting application;

the pending application can be used in a third-party opposition proceeding against a subsequent (later-filed) conflicting application.

 While vested rights are conferred only upon registration, a pending application confers expectation rights, on the basis of which some actions may be taken, such as those mentioned above or others such as assignment of the application, opposition, etc. Please consult a local attorney.

D. Opposition

Opposition is available.

Opposition is conducted pre-grant.

The following can be grounds for opposition:

proprietary rights, such as an earlier conflicting registration;

the mark is descriptive, i.e., it consists of a sign or indication that may serve in trade to designate the kind, quality, quantity, intended purpose, or value of goods or of rendering of services or other characteristics of goods or services;

the mark is not distinctive;

the mark is misleading, deceptive, or disparaging;

the mark is functional;

breach of copyright;

rights under Article 6bis of the Paris Convention (notorious or well-known mark);

rights under Article 6ter of the Paris Convention (protection of armorial bearings, flags, and other State emblems);

rights under Article 6septies of the Paris Convention (registration in the name of the agent or other representative of the proprietor of the mark);

registered design rights;

rights in a personal name;

the mark is generic, i.e., the mark consists exclusively of signs or indications that have become customary in the current language or in the bona fide and established practices of the trade;

the mark consists of a geographical indication;

the mark is against public policy or principles of morality.

An application is published for opposition purposes after formal examination of the application.

The opposition period begins on the following date:

the next working day that follows the publication date.

The opposition period ends on the following date:

30 working days following the publication date.

The following parties may initiate an opposition:

any interested party

 (This actually means anyone, especially if the objection raised is on absolute grounds.);

the owner of an earlier right;

a licensee

 (only if the licensee is expressly empowered to act).

Oppositions cannot be filed online.

E. Proof of Use

Proof of use is not required prior to the issuance of a registration or the issuance of a notice of allowance/acceptance.

V. Assignment, Licensing, and Other Changes to Trademark Records

A. Assignment

An application can be assigned.

A registration can be assigned.

An assignment of an application must be for the entire territory covered by the application.

An assignment of a registration must be for the entire territory covered by the registration.

An assignment of an application can be for some or all of the goods or services listed in the application.

The assignment of an application for some of the goods or services listed in the application would only be acceptable under a co-ownership form as the local PTO will not issue a second registration number for the goods assigned. Consult a local trademark attorney.

An assignment of a registration can be for some or all of the goods or services listed in the registration.

The assignment of an application for some of the goods or services listed in the application would only be acceptable under a co-ownership form as the local PTO will not issue a second registration number for the goods assigned. Consult a local trademark attorney.

Goodwill need not be included in an assignment of an application.

 Although the law is silent about goodwill, assignments usually include it, and it is safe to assume that by default assignments include goodwill.

Goodwill need not be included in an assignment of a registration.

 Although the law is silent about goodwill, assignments usually include it, and it is safe to assume that by default assignments include goodwill.

An assignment document for an application requires:

name of assignor;

address of assignor;

name of assignee;

address of assignee;

details of the trademark being assigned;

goods and services being assigned;

territory being assigned;

effective date of the assignment;

signature by assignor;

signature by assignee;

consideration (either actual or nominal).

It is not necessary to include a consideration, but it is advisable to do so in order to show that the assignment is an onerous transaction, as opposed to a gratuitous transaction, which has a different standard when issues regarding the transaction arise. Any showing of consideration will suffice.

An assignment document for a registration requires:

name of assignor;

address of assignor;

name of assignee;

address of assignee;

details of the trademark being assigned;

goods and services being assigned;

territory being assigned;

effective date of the assignment;

signature by assignor;

signature by assignee;

consideration (either actual or nominal). 

It is not necessary to include a consideration, but it is advisable to do so, in order to show that the assignment is an onerous transaction, as opposed to a gratuitous transaction, which has a different legal standard when issues regarding the transaction arise. Any showing of consideration will suffice.

Legal verification of a written assignment document of an application is required by:

notarization;

legalization

(Apostille).

Legal verification of a written assignment document of a registration is required by:

notarization;

legalization

 (Apostille).

An assignment of an application must be recorded to be effective.

It must be recorded to have effect against third parties who usually pose the greatest threats.

An assignment of a registration must be recorded to be effective.

It must be recorded to have effect against third parties who usually pose the greatest threats.

B. Licensing

Use of a mark that is the subject of an application cannot be licensed.

Use of a registered mark can be licensed.

In this jurisdiction, registered trademark users (as opposed to licensees) cannot be recorded.

A license of a registration can be made for a portion of the territory covered by the registration.

A license of a registration can be for some or all of the goods or services listed in the registration.

A license of a registration can be exclusive (only one licensee, with the owner excluded).

A license of a registration can be sole (only one licensee and the owner).

A license of a registration can be non-exclusive (multiple licensees and the owner).

Use by a related company of a registered mark must be licensed.

Any use by a party other than the registered company, even if related, will not inure to the benefit of the owner if not licensed and registered, and thus, the mark can be canceled on grounds of non-use.

A license of a registration can be made with or without a time limitation.

A license document for a registration requires:

name of licensor;

address of licensor;

name of licensee;

address of licensee;

details of the trademark to be licensed;

goods and services being licensed;

commencement date of the license;

territory of the license;

simple signature by licensor (see below for execution requirements);

simple signature by licensee (see below for execution requirements).

A license of a registration need not be recorded, but recordation could help in enforcement, to demonstrate use of the mark.

A license of a registration need not be recorded.

In order to be valid between the parties to the license it needs not necessarily to be recorded; however, it needs to be recorded for enforcement against third parties and to demonstrate use of the mark.

Recordation of a license of a registration need not be recorded, but if it is not recorded the license may not be effective against a subsequently dated but recorded license.

The license for a renewed registration need not be re-recorded.

Legal verification of a written agreement to license a registration is required by:

notarization;

legalization

(Apostille).

C. Other Changes to Trademark Records

The requirements for the recordal of name changes, mergers, and other important corporate updates on trademark records are as follows:

power of attorney, legalized by the respective consulate/apostille;

deed of assignment, legalized by the respective consulate/apostille;

certificate of proof of change of name, legalized by the respective consulate/apostille;

certificate of merger, legalized by the respective consulate/apostille.

The requirements regarding the recordal of updated addresses on trademark records are as follows:

apostilled certificate of evidence of change of name.

The requirements for recording liens against trademark records, such as security interests, are as follows:

 apostilled power of attorney; the apostilled security interest deed or lien document.

VI. Registration

A. Requirements

A fee is not required for issuance of the registration.

The following documentation is required for issuance of the registration:

none.

B. Rights

The following rights are established by registration:

the exclusive right to use the registered trademark;

the right to oppose subsequent conflicting applications;

the right to bring a cancellation action against a subsequent conflicting registration

(The right to bring a cancellation action is not exclusive to a trademark owner but is also available to any interested party. Hence, the owner of a trademark registration certainly can file for cancellation, but it is not a right that derives from registration. In essence, a cancellation action is used almost exclusively by non-owners of trademarks to obtain registration.);

the right to sue for infringement against confusingly similar third-party trademark use;

the right to license third parties to use the trademark;

the right to apply for seizure by customs authorities of counterfeit goods being imported into this jurisdiction;

the right to obtain damages for infringement;

the right to sue for infringement if a transliterated version of the owner's mark is later used by a third party;

the right to oppose and/or cancel subsequent applications for transliterated versions of the registered trademark by third parties.

The Roman alphabet is used to represent the official language(s) of this jurisdiction.

A trademark becomes incontestable, that is, the validity of the registration cannot be challenged, after the following time period:

 If a trademark has been granted in contravention of absolute grounds, it is never incontestable. There is no statute of limitations. If a trademark has been granted in contravention of relative grounds there is a five-year statute of limitations counting from the date of registration of the mark.

The territorial limit of registration is:

Bolivia.

C. Term

The initial term of a registration is:

10 years.

The beginning of the term of a registration is calculated from:

the registration date.

D. Marking Requirements

Marking is not compulsory for registered trademarks, but is advisable because:

 then one can argue that the marking provides constructive notice to an infringer and this fact can assist in a showing of bad faith.

Any marking should be in the form(s) mentioned below. Please consult a local trademark attorney in case of doubt.

®.

There are no marking requirements stipulated by law. If any, the ® symbol would be the most suitable one, as this is the generally accepted symbol.

The use of ® is not legally recognized.

The legal consequences of false or misleading marking are:

The law is silent on marking; thus, there are no specified consequences for false or misleading markings.

VII. Post-Registration

A. Use Requirements

Attack on the ground of non-use is available.

To avoid being attacked on the ground of non-use, a trademark must be used within the following period of time:

 during the last three consecutuve years.

To satisfy the use requirement, the amount of use:

must be on a commercial scale.

 The use must be made in the manner and quantities reasonable for the type of product or service.

Use of the trademark must occur in:

any member state of the Andean Community.

The consequences of a trademark's not being used are as follows:

A trademark's non-use has no consequences per se. Non-use consequences can only arise when a third party expressly files for non-use cancellation.

Periodic statements of use or other mandatory filings by the trademark owner setting forth use of the trademark are not required.

An action for non-use of a trademark can be brought by:

any interested third party.

Non-use can be excused under the following circumstances:

import restrictions;

other government policies;

 any other force majeure explanation.

Resumption of use after non-use for the prescribed period (see above) may cure non-use provided that, in the interim, no third party has:

filed an action for cancellation of the trademark on the ground of non-use.

Use of a registered trademark in a modified form would not affect the enforceability of a registration and is allowed if the difference is slight and provided that the modification does not materially alter the distinctive character of the trademark. Consult a local trademark attorney.

Amendment of a registration to conform to a modified form of the trademark is not possible. Depending on the circumstances, a new application to register the modified trademark might be necessary. Consult a local trademark attorney.

B. Cancellation
Cancellation is available.

The following can be grounds for cancellation:
proprietary rights, such as an earlier conflicting registration;
the mark is descriptive, i.e., it consists of a sign or indication that may serve in trade to designate the kind, quality, quantity, intended purpose, or value of goods or of rendering of services, or other characteristics of goods or services;
the mark is not distinctive;
the mark is misleading, deceptive, or disparaging;
the mark is functional;
breach of copyright;
rights under Article 6bis of the Paris Convention (notorious or well-known mark);
rights under Article 6ter of the Paris Convention (protection of armorial bearings, flags, and other State emblems);
rights under Article 6septies of the Paris Convention (registration in the name of the agent or other representative of the proprietor of the mark);
rights under Article 8 of the Paris Convention (trade names);
registered design rights;
rights in a personal name;
the mark is generic, i.e., the mark consists exclusively of signs or indications that have become customary in the current language or in the bona fide and established practices of the trade;
the mark consists of a geographical indication;
the mark is against public policy or principles of morality;
the mark is prohibited in this jurisdiction;
the application for or registration of the mark was made in bad faith.
There is no deadline for bringing a cancellation action; a cancellation action can be brought at any time.

The following parties may bring a cancellation action:
any interested party
(Interested party under local law means almost anyone. "Interested party" must not be construed only to mean a person owning a trademark registration. Actions can also be brought by anyone who has a claim against an absolute prohibition grant, e.g., anyone can file the nullity of a registration that is generic or that bears a State emblem or that is descriptive.);

the owner of an earlier right;
a licensee,
if empowered to act on behalf of the owner.
Cancellation actions cannot be filed online.

C. Renewal

The following documentation is required for renewal:
power of attorney.

The first renewal date of a registration is:
10 years from the registration grant date.

Subsequent renewals last for the following period of time:
10 years from the renewal date of the registration.

The renewal pre-payment period is:
no more than the following number of months before the renewal date:
six months before the lapsing date.
There is a grace period for renewing registrations once the renewal date has expired.
A trademark renewal can be filed during the six months following the expiration date.

The grace period after the renewal date has expired is:
6 months.
There is no penalty for late renewal
as long as the renewal is made within the six-month period stated above; otherwise, the registration lapses.
Renewal cannot be effected online.
At the completion of renewal, a new registration number is issued.
At the completion of renewal, a new renewal number is issued.

VIII. Customs Recordation

A. Customs Recordation
There is no mechanism for recording trademarks that are registered in this jurisdiction with the customs authority.

IX. Domain Names

A. Domain Names
Any domain name may be protected as a trademark.
It may be registered as long as it complies with registration requirements as any other mark would need to do. A domain application will not cover any generic component (www; .com; etc).

The following approved registrars can register a domain name in this jurisdiction:
ADSIB—Agency for the Development of the Information Society in Bolivia.

Availability of domain names in this jurisdiction can be searched through the following website(s):
https://nic.bo/whois.php

The Country Code Top-Level Domain (ccTLD) for this jurisdiction is:.bo

To obtain a domain name under the ccTLD in this jurisdiction, there are no requirements of locus with this jurisdiction, such as a local address or local business activity.
Domain name registrations can be assigned.
Domain name registrations can be licensed.

A domain name can be licensed as any other right belonging to a person. The recordal of such license is not available technically at the registration agency and would have to be documented privately only, which may pose certain difficulties in case of controversy.

A domain name registration may be contested in this jurisdiction through the following mechanisms:
a Uniform Domain-Name Dispute-Resolution Policy (UDRP) proceeding, filed through an ICANN-approved domain-name dispute resolution service provider   
(see http://www.icann.org/en/help/dndr/udrp).
The selected provider for this jurisdiction is WIPO.

One may institute a UDRP proceeding with the following ICANN-approved domain-name dispute resolution service providers to contest a domain name registration in this jurisdiction:
World Intellectual Property Organization (WIPO).
Once a registration lapses as a result of failure to renew, it cannot be revived or restored.
A refiling of an application for the domain name would need to be made.
The application to register a domain name as a trademark will be examined for conflicts with prior trademarks.
The search that the PTO carries out is mostly for identical marks.
An earlier-filed domain name registration cannot create rights effective against a later-filed trademark application filed by another.

In general, the courts do not apply the same principles to domain name disputes as are applied to trademark disputes. The following unique considerations are of particular note:
There is scant substantive law and regulation regarding domain names.

If you would like to know the trademark registration process of Brazil ? Click on here!

WE OPERATE ACROSS THE CARIBBEAN, LATIN AMERICA AND AFRICA
We are active in all areas of prosecution, registration, and enforcement of intellectual property rights, and provide a full range of related legal and IP management services. Our head office of Dominican Republic provides IP services in the above regions through our widely established network of associate partners.


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Trademark Registration in Caribbean:

Anguilla

Antigua and Barbuda

Aruba

Bahamas

Barbados

Bermuda

BES Islands

British Virgin Islands

Caymans Islands

Cuba

Curacao

Dominica

Dominican Republic

Grenada

Guadeloupe

Haiti

Jamaica

Montserrat

Puerto Rico

Saint Barthelemy

Saint Kitts and Nevis

Saint Lucia

Saint Vincent and the Grenadines

Sint Maarten

Saint Martin

Trinidad and Tobago

Turks and Caicos Islands

U.S. Virgin Islands

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