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Ecuador Trademark Registration 

 
Attorneys - Ecuador
 
Welcome:

My name is Héctor Wladimir San Martin and I'm the representative Attorney in Ecuador.

I'll be personally in charge of your trademark registration process.
 
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A trademark attorney will process your trademark registration in Ecuador through the following steps:

 
Trademark Comprehensive Study   Step 1. Trademark Comprehensive Study:
A trademark search report with attorney's analysis and opinion about registration probabilities.
Step 1 Prices
 

 
Trademark Registration Request   Step 2. Trademark Registration Request:
A trademark attorney will file and process your trademark application before the Trademark Office.
Step 2 Prices
 

Frequently Asked Questions
  • Is there a time frame for the trademark registration approval?

    The average time frame for the registration approval is 10 months, if no objections or oppositions arise.

     

  • If I register my trademark in Ecuador, do I have protection in other territories?

    The territorial limit of registration is Ecuador.

  • Do I need to sign a Power of Attorney?

    Yes, a power of attorney is necessary.

  • Are there any benefits from a pre-filing use of the trademark?
    • It may demonstrate acquired distinctiveness of the mark.
    • It may help overcome an objection on the ground of non-distinctiveness.
    • The benefits are minimal since rights are largely established through registration.
    • Under the Ecuadorean Intellectual Property Law and Andean Community Decision 486, use as a commercial name may confer rights of use as of the date of first use.
  • Will there be problems in case I don’t use my trademark after registration?

    Attack on the ground of non-use is available. The mark must be used in any of the countries of the Andean Community namely Ecuador, Peru, Colombia, and Bolivia.

  • What are the types of trademark that can be registered in Ecuador?
    • words
    • names
    • devices
    • certain three-dimensional shapes
    • colors
    • slogans
    • sounds
    • smells
    • trade dress/get-up
    • touch
    • collective marks
    • certification marks
    • well-known marks
    • service marks
  • What are the phases of application after a trademark has been filed in Ecuador?

    The order of the application process is examination of form, publication, examination of substance, and registration.

     

    The order of the application process is examination of form, publication, examination of substance, and registration.

     

    1. Applications are examined in respect of:
      • formalities
      • classification
      • clarity
      • descriptiveness
      • distinctiveness
      • conflict with prior registration
    2. The following application details are made available to the public:
      • mark
      • name of applicant
      • citizenship of applicant
      • application number
      • application date
      • goods/services
      • representation of trademark
  • What type of trademark is not registrable?
    • marks contrary to moral standards or public order
    • generic terms
    • names, flags or symbols of states, nations, regions or international organizations
    • non-distinctive trademarks
    • surnames
    • geographic location names
  • Does Ecuador use the "Nice Classification" system?

    Nice Classification System is effective in Ecuador.

  • Does the Community Trademark apply for Ecuador?

    Ecuador is not a member of the European Union. Hence, the Community Trademark is not effective in this country.

  • Is there any possibility to claim priority in Ecuador?
    • If the applicant’s home country is a member of the Paris Convention
    • If the home application is filed at least 6 months earlier than the application date in Ecuador
    • If the applicant’s home country is a member of the World Trade Organization
  • What do I need to do to satisfy the use requirement?

    A trademark must be used within three years from the registration date.

    The amount of use must be on a commercial scale and must occur in any member state of the Andean Community.

  • Once my trademark has been registered, for how many years will be valid?

    The initial term of a registration is 10 years calculated from the date of resolution granting registration.

  • What will be the renewal date of my trademark?

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

  • Is it legal to use my trademark even if it is not yet registered?

    Use of unregistered marks is not prohibited, but there is risk of being accused of infringement.


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