TRADEMARKS

About procedures, requirements and deadlines

*APPLICATION OF TRADEMARKS

How long does it take for an application to be published? 

Normally, the extract of the application is published the month after the application was filed.

What is the deadline for the late submission of Power of Attorney? 

The deadline for the late submission of power is sixty days following the date of notification.

What are the requirements for the POA (Certification, Legalization, Apostille)? 

To be fully valid in Ecuador any document issued abroad needs to be translated to Spanish. It also needs to be legalized before an Ecuadorian consulate or through Apostille. 

Is there an additional charge for filing the POA? 

There is a fee of US$ 120 for registering the POA before the Trademark Office. There is no extra fee for late presentation of power of attorney. 

What is the deadline for submitting the priority document, if any? 

The deadline for submitting the priority document is 60 days after being requiered by the Trademark Office. 

Is there an additional charge for submitting priority documents? 

There is a fee of US$ 120. There is no extra fee for late presentation of documents.

Does Ecuador have a multiclass system? 

No. 

Is it possible to modify a registration application? If so, what can be modified? 

The applicant of a trademark registration may file a request to modify the application at any time during the procedure. It is also possible to ask for the correction of any material error.However, amendments resulting the change of substantive aspects of the trademark or the extension of the products or services initially identified in the application will not be accepted by the Office.

 

*EXAMINATION

How long does it take the Trademark Office to examine an application? 

At the moment, the examination will take about 5 months. It will start after an end of the opposition deadline and the usual 5 months, of course, only applies if there was not opposition.
However, there is no time specified in our laws so it will depend to a large extent on the examiner, on how many cases the examiner has to handle and how well the application was put together. 

Is the trademark application examined before or after the publication? 

The Trademark Office will examine the formal requirements within 15 days from the application date.
If there is not an opposition, the substance of the application will be examined within 30 working days after the publication of the application. 

What type of examination does the Office of trademarks (distinctiveness, similarity, nullities, etc.)? 

The formal requirements are:

• Clear indication of the trademark and proper reproduction of the trademark in case it is a figurative mark or an non-traditional trademark like sound and smell

• The proper data of the applicant, including sufficiently clear contact data 

• Clear indication of the goods and services • Proof of payment of the correct fees.

The substantive examination will ensure that the sign is sufficiently distinctive to qualify as a trademark. 

How long does it take for the registration to be issued? 

Without opposition, the average time from the filing date is 8 to 12 months.

Once the trademark has been registered, when will the Certificate of Registration be issued? 

Usually it takes about 4 months from the notice of the granting of registration, however, there is no legal deadline established for the issuance and delivery of the Registration Certificate. 

 

*OPPOSITION 

What is the deadline for filing opposition against a trademark application? 

The opposition deadline is 30 days from the date of publication of the application. 

When are oppositions notified to the applicant? 

Usually the applicant will be notified of an opposition one month after the expiry of the opposition deadline. However, there is no time specified in our laws so it will depend to a large extent on the Examiner.  

In case of opposition, is it possible to reach an agreement between parties? 

At any stage of the procedure, the parties may enter into an agreement in which case the Trademark Office must approve it to ensure that it does not affect the rights of third parties or consumers.

Are the Letters of Consent between parties valid in Ecuador? 

A letter of consent or an agreement between the opposition parties will be acceptable, but must first be approved by the Trademark Office to ensure that it does not affect the rights of third parties or consumers.

 

*APPEAL

If the application is refused, what is the deadline for appeal? 

Our legislation provides for appeal through various types of recourses, and the deadline varies according to the particular recourse selected as follow:

  • Reinstaintment Recourse or Appeal: 15 working days after the notification of the refusal.
  • Extraordinary revision before the Committee of the IEPI: up to 3 years from the notification of the corresponding administrative act.
  • Appeal before the Courts: 90 days after the notification of the refusal. 

Is it possible to extend the deadline for appeal? 

No

 

 *RENEWAL

How long is the registration time and when does a registration need to be renewed? 

The registration of a trademark will last 10 years from the registration date and may be renewed for successive periods of 10 years. 

What is the deadline for submitting a renewal?  

The registry owner shall request the renewal 6 months prior to the expiration of registration. There is a grace period of 6 months after the expiration date during which the trademark can be renewed.

What are the renewal requirements? 

The renewal official fee must be paid together with the filing of the application.

Proof of use of the mark is not required. 

At the renewal, the holder may reduce or limit the products or services indicated in the original registration. 

Is there a grace period to submit a renewal? 

Yes, there is a grace period of 6 months, counted from the date of expiration of the registration.

 

*USE REQUIREMENTS 

What are the use requirements?

There are no use requirments on order to obtain registration or to renew a trademark. 

When does a trademark become vulnerable to being canceled for non-use? 

Any interested third party may initiate a cancellation actions due to lack of use of a registered trademark if it has not been used during the 3 years prior to the filing of the cancellation action.

In the case of cancellation due to lack of use, how old should be the evidence that prove the use? 

Evidence of use must be dated from the period of 3 years prior to the date of filing of the cancellation action.

Acceptable evidence of use will depend on the particular case, the product or service in question, the market within which it is involved, the market segment to which the good or service is destined, etc. More generally, in the case of mass consumer products, a constant and significant use (various uses) of the mark will be required for the goods or services for which it is registered. 

Can you prove use by filing evidence of use in another country? 

Yes, use in any country of the Andean Community is enough to overcome a cancellation action in any other country member.

 

*USE REQUIREMENTS

What are the requirements for recording assignment, change of name or change of address of a trademark registration? 

It will be required to file an signed assignment document or a document proving the change of name or change of address respectively. The document must be in Spanish or with a translation into Spanish, and it must be legalized before the Ecuadorian consulate or by Apostille.

Furthermore, a power of attorney must be filed, and the official fee must be paid.  

How long does it take to record the amendment? 

Usually, it will take about 9 months for the certificate to be issued. 

 

*INTERNATIONAL TREATIES

Is Ecuador a member of the Hague Convention – Apostille? 

Yes 

Is Ecuador a member of the Paris Convention? 

Yes

Is Ecuador a member of the Nice Agreement?

Yes 

Is Ecuador a member of the Madrid system?

No