FAQ's

APPLICATION OF TRADEMARKS

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



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

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.



RENEWAL

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.



USE REQUIREMENTS

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.



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



CONTACT US

OFFICE ADDRESS

Av. Amazonas N21-147 y Roca
Edif. Río Amazonas. Of. 900
170526 Quito, ECUADOR
P.O.Box 17-03-423A

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OFFICE HOURS

Lun - Vie: 8:30am - 6:00pm

Mon - Fri: 8:30am - 6:00pm

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PHONE

+593 2 256 1808

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FAX

+593 2 256 7293 / 250 0295

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E-MAIL

mail@falconipuig.com

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