How is the procedure to register a new trademark in Ecuador?

The registration process begins filing an application before the Ecuatorian Trademark and Patent Office, after in obout one month, the Ecuatorian PTO will make a preliminary examination to verify if the application complies with the formal requirements. Whether the application is in order its publication in the Ecuatorian Intellectual Property Gazette, otherwise it will make an observation.

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 Ecuatorian PTO will perform the final examination and decide whether the trademark is granted or denied.

How long does a trademark registration takes? 

Normally, the procedure takes between ten months and more than one year depending on contingencies that may arise in it.

What events can happen in registration process?

Office action: If the Ecuatorian 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 two months. If the response to office action is not filed before the due date the Ecuatorina PTO would declare the application abandoned.

Opposition: If the application complies with all formal requirements, the Ecuatorian PTO makes it public, so those who believe the new trademark violate any of their rights can present an opposition. The applicant must respond showing that the opposition had no basis, and the registration process must follow.

Reconsideration and appeal: The Ecuatorian PTO may grant or deny registration of new trademark. In either case, the dissatisfied party can file a reconsideration or an appeal in order to change the Ecuatorian PTO decision. There will be no certainty of  trademark registration if unresolved resources are pending.