Ecuador

Legal basis is the Industrial Property Law, in force since May 1998, and the Andean Community Decision no. 486 concerning intellectual property.Ecuador is a member of the Andean Community. Andean Community Decision no. 486 contains common rules on Trademark Law in all member states (Bolivia, Colombia, Ecuador, Peru). Trademark protection is obtained by registration.

Trademark registration classification:

Requirements:

  • Name and complete information of the applicant, indicating if it is an individual or a company.If it is a company, complete name and position of the authorized person for this application, and any other information that you might consider relevant.
  • Complete description of the products or services to be protected by the trademark and a .jpg file of labels, if any.
  • POA which needs to be legalized with The Hague Apostle or before an Ecuadorian Consulate.
  • Priority document if the trademark was filed the previously six months in other country, duly legalized as the power of attorney.

Procedure:

  • The registration process begins with the filing of an application before the Ecuadorian Trademark and Patent Office. 
  • After approximately one month, the Ecuadorian PTO will make a preliminary examination to verify if the application complies with the formal requirements.
  • If the application is in order, it is published in the Ecuadorian Intellectual Property Gazette for opposition.
  • Third parties will have 30 labor days after the publication date to present an opposition. 
  • If there is no opposition the Ecuadorian PTO will perform the final examination and upon Payment of official fee  registration certificate is issued.
  • The trademark application is published 2 months after the application
  • The processing time from first filing to registration is approx. 12-18 months.

Duration and Renewal: Protection begins with the date of allowance of registration. A trademark registration is valid for 10 years of such date. The registration is renewable for periods of 10 years.

 

 Fee Structure
          
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