Trademarks: Ecuador

General Information

International Agreements : Decision 486 of the Andean Community, Paris Convention, ADPIC or TRIPS.

Classification : Nice Classification (8th Edition); Single-Class filing.

What is Registrable : For purposes of this system, any sign that is capable of distinguishing goods and services on the market shall constitute a trademark. Signs that are capable of graphic representation shall be eligible for registration as trademarks. The nature of the goods or services to which a trademark is to be applied shall in no case form an obstacle to the registration of the trademark.

The following signs, among others, shall be capable of constituting a trademark: 

  1. Words or a combination of words;
  2. Pictures, figures, symbols, graphic elements, logotypes, monograms, portraits, 
    labels, and emblems; 
  3. Sounds and smells;
  4. Letters and numbers;
  5. A color demarcated to give it a specific shape, or a combination of colors;
  6. The shape of a product its packaging or wrappings;
  7. Any combination of the signs or means indicated in the items above.

Priority under Paris Convention : Yes – The applicant submit the certificate of trademark registration in the country of origin within a period of three months after the 
application filing date.

Examination : Yes

Publication : Yes - If the application meets the formal conditions, the competent national office shall order its publication.

Opposition : Yes – within 30 days as of publication date. An additional 30 days may be granted with valid reasons.

Time Frame for Registration : Approximately 5 months.
Registration Term : 10 years from grant date.
Renewal Term : 10 Years
Grace Period for Renewals : 6 Months as of expiration date.
Use Requirement for filing : None

Cancellation : Yes
The competent national office shall, at the request of an interested party, cancel a trademark registration after an uninterrupted period of non-use in any country of the Andean Community (Ecuador, Peru, Colombia, Bolivia, Venezuela), without valid reasons, by the owner, a licensee, or another person authorized by the owner, of at least three years immediately before the start of the cancellation proceeding. Cancellation of a registration for non-use of trademark rights may also be requested as a defense in an opposition proceeding lodged on the basis of the unused trademark

Assignments - Must Assignments be recorded ? Yes 
Can pending applications be Assigned ? Yes

Licenses - Must Licenses be recorded ? Yes
Can pending application be Licensed ? Yes

Filing Requirements

Trademark/Service Mark Requirements

  1. Power of Attorney Notarized.
  2. Complete name and address of the applicant.
  3. Name and/or design of the mark.
  4. List of goods and/or services that will be protected.
  5. Certified copy of Priority document (if claimed).

The power of attorney and priority document could be submitted within sixty days after the filling date.

Renewal of Trademark/Service Mark Requirements

  1. Power of Attorney Notarized.

Assignment Recordal Requirements

  1. Assignment Deed signed by the assignor and assignee.
  2. Power of Attorney from the assignee Notarized.

License Recordal Requirements

  1. License Contract legalized by Ecuadorian Consulate or Apostille.

Change of Name/Address Requirements

Change of Name:

  1. A document demonstrating the change of name.
  2. Power of Attorney Notarized.

Change of Address:

  1. Power of Attorney form with the new address Notarized.

 

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