Ecuador Trademarks Information
Do you need to file a new application, renew or modify your trademarks in Ecuador? You are in the right place.
ecuador FAQ
how to issue a power of attorney -poa- for a latin american country?
which are the patent application requirements in ecuador?
multiclass trademark registration
trademark registration requirements in ecuador
in what countries is possible to claim a patent an use and a second use?
what is the time frame for a third party to file an opposition in a trademark application procedure?
what are the intellectual property offices in latin america?
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Trademark Acts
1. Decision No. 291 of March 21, 1991 – Common Regime for the Treatment of Foreign Capital and on Trademarks, Patents, Licenses and Royalties
2. Decision No. 486 of September 14, 2000 – Common Regime on Industrial Property
3. Decision No. 689 of August 13, 2008 – Adequacy of certain articles of Decision 486 – Common Regime on Industrial Property, to allow the development and deepen of Industrial Property Rights across the internal regulation of the Members States
4. Law on Intellectual Property (Consolidation No. 2006-013) May 8, 1998
5. Organic Code for Production, Trade, and Investment December 16, 2010
6. Consolidated Text of Civil Procedure Code May 18, 1987
7. Law on Administrative Procedural Jurisdiction February 28, 1968
Regulation
• Regulation to the Intellectual Property Law (1999)
• Presidential Decree No. 183 (2009)
• Presidential Decree No. 118 (2009)
• Executive Decree No. 2280 of March 19, 1991 on the Ecuadorian Society of Authors and Composers, SAYCE (1991)
International convention
WIPO, WTO, CAN, Patent Cooperation Treaty (PCT), General Inter-American Convention for Trade Mark and Commercial Protection
Trademark Registration Requirements
1. Complete applicant identification, (name, address, Phone number, E-mail address) If the applicant is a corporation, it is required the same information noted above, for the legal representative.
2. Design of the trademark logo in gif or jpg. Format (If the trademark is stylized -logo-) If the colors are important then you should send the logo in color.
3. Accurate and complete indication of the products or services that you wish to protect with the trademark. Ecuadorian authorities require a detail list of products or services. An application can only be filed for products or services included in one single class. Multiclass registration is not allowed in Ecuador.
4. The class according with the ninth edition of the Nice International Classifiaction http://www.wipo.int/classifications/nivilo/
5. The priority document issued by the competent autority, if you wish to claim trademark priorities.
6. A simple (non-official) translation to Spanish Language of the priority document.
7. The Power of Attorney. This POA must be notarized and legalized up to the Ecuadorian Consulate in your country. If your country is part of the Hague Apostille Convention, an Apostille is sufficient. Check if your country is part of this convention in:
http://www.hcch.net/index_en.php?act=conventions.status&cid=41#mem
8. A certificate of incorporation or business certificate. This document must be legalized before in a Ecuadorian Consulate or with Apostille.
9. A simple (non – official) translation to Spanish language of the business certificate or certificate of incorporation. For documents not sent in Spanish language, we offer you a translation service (From English to Spanish only).
More Information
Trademark Registration Procedure
Normally, the procedure takes between ten months to one year depending on the contingencies that may arise.
1. The registration process begins filing an application in the Ecuadorian Trademark and Patent Office: IEPI
2. After in about one month, the Ecuadorian PTO will make a preliminary examination to verify if the application complies with the formal requirements.
3. If the Ecuadorian PTO do not have the correct information or lacks documents in the application to proceed with the process, It make a request for information which should be answered within a period of thirty labor days. if the application is not corrected, then the application shall be rejected and will lose its priority.
4. Prior this examination, the trademark is published in the Ecuadorian official Gazette.
5. During the publication stage it is possible to make objections. Third parties will have 30 labor days after publication date for presenting oppositions. If oppositions are made then the opposition procedure will start. If there are no oppositions the Ecuadorian PTO will perform the final examination and decide whether the trademark is granted or denied.
6. After the objection period has passed (If there are no oppositions) the Ecuadorian PTO will perform the final examination and decide whether the trademark is granted or denied according with the trademark law.
7. Reconsideration and appeal: Finally hhe Ecuadorian PTO may grant or deny registration of new trademark. If deny, the applicant can file a reconsideration or an appeal in order to change the PTO decision.
8. A trademark registration in Ecuador is valid for 10 years from the filing date, The registration is renewable for periods of 10 years.
