WHY IS IT IMPORTANT TO REGISTER A TRADEMARK OR PATENT AN IDEA?
Intellectual property rights are the most important asset of enterprises, in addition to representing the image and prestige with which they are presented in the market, a brand is the most relevant indicator of the quality of a product.
Having properly protected distinctive signs (trademarks, trade names, etc.), makes a company stronger over its competitors and provides the basis for its defense on the market, increasing the value of a corporation.
The patent is a right granted by the government to the inventor or owner. The inventor’s interests are protected for a period of time, allowing the inventor to be the only one selling or exploiting the invention. Thus, the benefit is bigger, and wages the resources invested in the research. This right allows the patentee to prevent others from making use of the patented technology. The patent holder is the only one who can use the technology claimed in the patent or authorize others to implement under the conditions that he establishes.
WHAT IS THE REGISTRATION OF A TRADEMARK
The registration of a mark is intended to provide protection of words or a combination of words; pictures, figures, symbols, graphic elements, logotypes, monograms, portraits, labels, and emblems; sounds and smells; letters and numbers; a color demarcated to give it a specific shape, or a combination of colors; the shape of a product its packaging or wrappings; any combination of the signs or means indicated above, so that holders can use their right to use and exclusivity in the national market, giving them also the ability to assert their legitimate interests in any country of the Andean Community (Bolivia , Peru , Ecuador and Colombia) in case of litigation processes.
The registration procedure is done at the National Intellectual Property Service SENAPI and consists of the following stages:
• Feasibility Trademark Study: Report that includes a search of similarities and identical trademarks in addition to the expertise opinion of our lawyers about the chances of success of your trademark registration. The Feasibility Study is optional but highly recommended since it allows to rule out any possible objections to your trademark.
• Application: At the submission time shall be recorded the date and time of submission.
• Procedure Review: Verification that all documentaries requirements are met.
• Publication in Official Gazette: Once documentary requirements are met, the registration applications are published once in the Official Gazette of Bolivia. This publication is periodical, but not bound to certain deadlines for its issuance. The publication of each application shall contain a complete description of the mark, owner, class in which registration is applied for, and the products or services to be covered.
• Deadline for Opposition: 30 working days from the date of publication of Official Gazette, begins the period for filing objections. This term is not subject to enlargement.
• Registration Examination: Once the deadline for objections has ended, and if the mark is not subject of opposition, passes to the registration examination stage, which is an analysis by which the Intellectual Property Office officially verifies that the mark will not infringe rights of third parties.
• Granting Registration Resolution: Once concluded the previous steps, the Head of the Intellectual Property Office, will provide resolution of acceptance and consequently the Registration will be granted through a Certificate.
• Opposition or refusal: In case of opposition or refusal, the Intellectual Property Office issues a Resolution which is appealable.
• Duration of the registration process: fluctuates between 6-12 months.
• Validity of registration: The trademark registration lasts ten years from the granting date, and may be renewed indefinitely for similar periods.