FAQ's

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

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

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





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





CONTACTO

DIRECCIÓN

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

HORARIO

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

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

 

TELÉFONO

+593 2 256 1808

FAX

+593 2 256 7293 / 250 0295

E-MAIL

mail@falconipuig.com

DIRECCIÓN

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

HORARIO

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

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

 

TELÉFONO

+593 2 256 1808

FAX

+593 2 256 7293 / 250 0295

E-MAIL

mail@falconipuig.com

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