Fees associated with filing trademark applications in Ecuador, as well as other trademark fees, are available in the fee calculator.
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Multiple-class applications
Multiple-class trademark applications are not possible in Ecuador.
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Filing requirements in Ecuador
It is required to file a trademark application including the list of the goods and services to the Ecuadorian IPO in Spanish. Filing in a different language with late submission of Spanish translation is not possible.
For obtainment of a filing date, a trademark application in Ecuador shall contain at least the following:
- request for trademark registration;
- information about the applicant;
- representation of the trademark;
- indication of the goods and services for which the registration is sought;
- proof of payment of the filing fee.
The original of the POA should be signed by the applicant, notarized and legalized up to the Consul of Ecuador or apostilled. The original POA may be submitted within sixty days from filing a trademark application.
A certified copy of the Priority Document translated into Spanish should be filed within nine months from the priority date.
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Publication, opposition and examination of a trademark application in Ecuador
Once a trademark application has been accepted by the Ecuadorian IPO, it is examined as to the formal requirements within fifteen working days.
If a trademark application meets formal requirements, it is published in the Intellectual Property Gazette. Within 30 working days of publication, any person may file a duly reasoned objection to registration of trademark application.
On expiry of the opposition period, the Ecuadorian IPO shall proceed with the substantive examination after which it issues a decision on the grant or refusal of the trademark registration.
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Grant, validity term and trademark renewal
A grant fee is not stipulated. The registration of a trademark shall have a term of 10 years from the date of registration and can be renewed for successive ten years. A renewal request may be filed within six months before the expiration of the validity term. It is possible to renew a trademark within six months after the expiration date without payment of extra fees.
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Duration of registration procedure
The processing time from filing to trademark registration in Ecuador is approximately 6-10 months if no oppositions have been filed.
Registration of the trademark in Ecuador can be cancelled on the grounds of non-use upon a third party’s request if it has not been used by its registered owner within the past 3 years in at least one of the Andean Countries (Colombia, Ecuador, Peru or Bolivia). The prevailing party is granted a preemptive right to register the cancelled mark. It is possible to bring a cancellation action to exclude from the registration those goods/services for which actual use is not evidenced. The burden of proof of use falls on its owner. The mark is considered to be in use when the goods or services protected have been placed for trade by the registered owner, its licensee or an authorized person, in the amount and in the manner corresponding to such type of goods or services.
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Representation by a trademark attorney
For foreign applicants, it is necessary to perform trademark registration in Ecuador through a registered Ecuadorian trademark attorney.
Online Search Database for Trademark Search.
Brief summary is based on the information provided by ABREU & ASOCIADOS on 29.01.2024
Please contact us if the above information is not in conformity with Ecuadorian IP Laws.