(593-2) 2986 666 | Fax: (593-2) 2986 664 | US Line : 954 727 5551 intelectualpropertyecuador@law.com.ec

Frequently Asked Questions

Frequently Asked Questions

In Ecuador, are multi-class registrations allowed?

No, Ecuadorian legislation has no provisions for multi-class registrations. To register a trademark in several international classes, a registration application must be presented for each class.

What classification of trademarks applies in Ecuador?

In Ecuador, the Nice Classification applies (10th Edition)

Why do you recommend performing a search for previous entries prior to registering a trademark?

We recommend performing a search for previous records before beginning the trademark, commercial name or commercial slogan registration process to minimize the risk of oppositions. The searches must be done with the Ecuadorian Institute of Intellectual Property, and once the search report is issued, we prepare a legal report with recommendations.

How long does the trademark registration procedure take?

The trademark, commercial name or commercial slogan registration procedure takes approximately six months from the presentation of the registration application until obtaining the corresponding resolution; however, when there are oppositions, this time may increase by approximately four more months.

What data and documents are needed for the trademark registration process?

  • Information on the applicant (name, nationality, address, telephone)
  • List of products or services which you seek to protect
  • Power of attorney with an apostille. This document may be presented up to two months after the date of presentation of the registration application.
  • In cases where the trademark has an accompanying graphic design, we need it in JPG format.
  • For commercial slogans, we need the data for the trademark which it is intended to accompany.

What is the validity period of a trademark, commercial name or commercial slogan, once it is granted?

Trademarks, commercial names or commercial slogans have a ten-year term of validity, starting from that date of issuance of the resolution granting the corresponding registry. This term may be renewed.

Is there a grace period for renewing trademarks?

Yes. According to Ecuadorian legislation, renewals of trademarks may be made six months before the period of validity expires, or six months after the same date.

Is priority important in subjects pertaining to trademarks?

Yes, priority is fundamental in terms of trademarks, because the first party to establish an application will be the one with preferential right at the time of registering the trademark.

Acknowledgements

Romero Arteta Ponce Abogados is authorized to practice law in Ecuador and give legal advice through related firms in Latin America.

Address

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Edif. Torre 1492 8th Floor.
Quito, Ecuador