How to file a Trademark in Ecuador?

What is a trademark in Ecuador?

A trademark in Ecuador protects any sign that identifies a product or service in the market from usurpations or imitations that harm the owner’s rights. It allows the owner to act against any third party who uses or applies the protected trademark to other products without consent. Likewise, it enables the owner to prevent third parties from selling or introducing products with the protected brand into the market.
Contact us to initiate the process of filing a Trademark in Ecuador. Click Here.

Documents Needed

To file a trademark in Ecuador can be done on-line or personally; the form must contain at least the following:

TM Information
First, provide the name of the trademark. If it includes a design or a combination of word and design, please include the corresponding specimens.

Next, specify the class or classes in which you want to file the application, or list the goods/services to be protected. Additionally, it is advisable to send us the description of goods/services so we can make an appropriate translation and re-classification accepted by the PTOs in different countries.

Then, include the complete name and address of the applicant, along with the state or country of incorporation.

If you plan to claim priority, provide the priority number and date. Note that you can file an application claiming priority within 9 months from the filing date in any Paris Convention member country.

Furthermore, submit a Power of Attorney signed by the applicant or an authorized officer of the applicant company; the signature must be notarized by a Notary Public and Apostille.

Finally, include a certified copy of the priority document, if applicable. This document must be notarized by a Notary (if required), per country, per trademark, and per class. A scanned copy will also suffice.

Note: A trademark application in Ecuador must be filed in Spanish. Filing in a foreign language with late submission of Spanish translation is not possible.

Our in-house translators can assist you.

Also, you may need to file a patent in Ecuador. 

How is the process of filing a Trademark in Ecuador?

Previous Search:
Applicants must first verify that their distinctive sign is available before starting the application process, as some restrictions may apply. You can contact us, and we will help identify any restrictions and conduct a free search.  Click here to initiate the search.

Submission of Application:
After you submit the trademark application, SENADI reviews it and identifies any errors or missing information.

Examination:
SENADI starts the examination by confirming that the application meets all formal requirements.

Opposition:
Once SENADI verifies the application, they publish it in the Ecuadorian Intellectual Property Gazette. Third parties then have 30 working days to file an opposition and another 30 working days to submit supporting evidence.

Formal Examination:
After the opposition period ends, the examiner verifies that the application meets all necessary requirements, including applicant information and proper classification of goods or services.

Review and Trademark Certificate:
SENADI issues the registration certificate approximately three months after the granting resolution.

 Click here to initiate the search.

FAQ

• How long does a Trademark Registration take?
  – Approximately 6-10 months, if there is no incident that delays the process, this is because there are within the procedure periods established in the Law that must be respected.
• How long does the right to a Trademark last?
  – The validity of the Trademark is for 10 years, according to the Industrial Property Law, if after this time you want to maintain the right, you must request its renewal 6 months before expiration.