How to file a Trademark in Ecuador?

What is a trademark in Ecuador?

A trademark in Ecuador is described as the protection of any sign that identifies a product or service in the market against usurpations or imitations that affect the right of the owner. It allows the owner to act against any third party that without his consent uses or applies the protected trademark to other products. In the same way, it allows the owner to prevent any third party from selling or introducing products with the protected brand on the market.

Contact us to initiate the process of filing a Trademark in Ecuador. Click Here.

How to file a trademark in Ecuador?

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

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.

• TM information

1. Name of the trademark (if it is a design or combination of word + design, we need the corresponding specimens)

    

2. Class/es in which the application is to be filed (or goods/services to be protected). It is also advisable that you send us the description of goods/services so that we can make an appropriate translation and re-classification that will be accepted by the PTO in the different countries.

    

3. Complete name and address of the applicant and state/country of incorporation.

    

4. Priority number and date (if priority is to be claimed); an application can be filed claiming priority within 9 months of the filing date in any country member of the Paris Convention.

    

5. 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.

    

6. A certified copy of the priority document (if appropriate), which has to be notarized by a Notary (if appropriate), per country, per trademark, per class. A scanned copy will suffice as well.

    

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

How is the process of filing a Trademark in Ecuador?

1. Previous Search: Applicants must verify that their distinctive sign is available to follow the application process. There are also some restrictions on what can be considered applicable.
   
   You can get in touch with us and we can help you with the restrictions and we can proceed with a search free of charge. Click here to initiate the search.

    

2. Submission of Application: Once the trademark application is filled and sent out, the SENADI will review for any errors and missing information to be completed.

    

3. Examination: The examination procedure begins with the filing of a trademark application form with SENADI. They will verify that the application complies with all the formal requirements.

    

4. Opposition: Once the application is verified, it will be published before the Ecuadorian Intellectual Property Gazette. Third parties with interests will have 30 week days to file an opposition, along with another 30 week days to submit additional evidence.

    

5. Formal examination: Once the opposition period is finalized, the examiner determines whether the application fulfills all requirements, such as the name of the applicant, nationality, address, and correct goods or services classification.

    

6. Review of the application and Trademark Certificate: Approximately 3 months after the granting resolution, the registration certificate will be issued. 

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.