APPLICATION OF TRADEMARKS
What are the use requirements?
There are no use requirements 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.
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.