When it comes to the requirement of suficient trade mark use, the Bolivian Trademark Office interpreted that the products had to be necessarily sold to be placed on the market.
The new Decision from the Andea Court of Justice harmonises the interpretation of what is sufficient trade mark use.
In accordance with the new interpretation of the Court, the goods only need to be offered to the public. This way commercial success and use are no longer seen as synonyms.
This interpretation will be applicable in Bolivia, Colombia, Ecuador and Peru.