Nice classification, 10th edition

Registrable as a trademark are all distinctive signs, including three-dimensional forms and sound marks.
The following trademark types are registrable: trade marks, service marks, collective marks, certification marks and trade names.

Applications are filed at the Bolivian Intellectual Property Office, which comprises the Patent, Trademark and Copyright Offices.
A separate application has to be filed for each class, there is no multi-class system of application.
Foreign applicants need a local agent.
A notarised power of attorney authenticated by a Bolivian Consulate is necessary.
Foreign applicants do not need a domestic registration.
The application process includes a formal examination and a search for prior trademarks. The application process also includes a third party opposition period of 30 working days.
The processing time from first filing to registration is approx. 12 months. The first Office action may take place as soon as 2 weeks after application if the application is not complete and may request the completion of such application, providing a deadline for this purpose.
The trademark application is published approximately 6 months after the application date.

National:
The opposition period is 30 working days from publication (i.e. aprox. 6 weeks). Oppositions are also possible by owners of trademarks in other member states of the Andean Pact, only if they simultaneously apply for registration of the protected TM in Bolivia.

Opposition against designation of IR Mark
(The period starts from the national publication date, if not stated differently):
not a member of the Madrid Agreement or Protocol.

Protection begins with the date of registration. A trademark registration is valid for 10 years from the date of registration. The registration is renewable for periods of 10 years.

The grace period for renewals is 6 months following the expiration date of the trademark.

If the trademark has not been used for a continuous period of 3 years in a member state of the Andean Pact, it becomes vulnerable to cancellation. The 3 year period for cancellation is counted as of the registration date (not application date).

The official fees for trademark application (including publication and certificate of registration) are USD 250.00 (approx. EUR 164.00).

Trademark Licence Agreement
Licence agreements must be in writing. The licensing of pending marks is al-lowed on a case by case basis. A trademark may be licensed for some or all of the goods or services covered by the licence agreement. The sale of a registered trademark does not automatically terminate the licence. There are no statutory provisions prescribing the terms of licensing.

Recordal
There are provisions in law for the recordal of a licensee with the Trademark Office. Recordal is mandatory for opposition purposes. Any licence that is granted for use of a trademark must be registered with the competent national office. Failure to register renders the licence invalid in relation to third parties. There is no time frame for a recordal and there is no prescribed form for a licence agreement. The basic content of a licence agreement is prescribed in Decision 291 of the Andean Community.

The following document is required for the recordal of a licence:
1. A legalised power of attorney

Any document (power of attorney or contract) should be legalised up to the Bolivian Consulate and it is further required to obtain a notarised testimony (statement) of the contract/power of attorney within a notary public.

Effectiveness
A licence becomes effective and enforceable against third parties from the date of registration of the licence with the Trademark Office.

Infringement Proceedings
There is no evidentiary presumption that use by a recorded licensee is permitted use. The licensee may join in a proceeding if provided for in the licence contract or if the owner permits him to do so. The licensee may also call upon the trademark owner to institute infringement proceedings but he may not institute proceedings in his own name if the proprietor refuses or neglects to do so.

Search type	First class	Add. class
Word Mark Search (availability)	230,00 €	190,00 €
Word Mark Search (identical)	210,00 €	150,00 €
Extended Search (word mark, company name, domain)	690,00 €	190,00 €
Device Mark Search (availability)	490,00 €	330,00 €
Trademark Owner Search	210,00 €
Company Name Search	540,00 €
Domain Name Search (extended)
i-Search (word mark availability + legal opinion)	390,00 €	370,00 €

The Prices above are S.M.D. Markeur Search Fees