Trademark registration in Ecuador. Ecuador, officially the Republic of Ecuador, is a country in northwestern South America. Ecuador is one of 17 megadiverse countries in the world. This country hosts many endemic plants and animals, such as those of the Galápagos Islands. In recognition of its unique ecological heritage, the new constitution of 2008 is the first in the world to recognize legally enforceable Rights of Nature, or ecosystem rights. Accordingly, many businesses want to enter this market and one of the most important preparations a business needs to take before expanding to Ecuador is to learn the procedure of trademark registration in Ecuador.
Necessary documents for trademark registration in Ecuador
The necessary documents for trademark registration in Ecuador include:
- The request for trademark application;
- Detailed information about the applicant;
- Trademark models;
- A certified copy of the Priority Document translated into Spanish;
- Signed, notarized, and legalized Power of Attorney (POA);
- Indication of the goods and services;
- Proof of payment of the filing fee.
The procedure of trademark registration in Ecuador
- The applicant will file the trademark application to the Ecuadorian IPO. Once accepted, the application will be examined within 15 working days.
- If there is no problem found during the examination, the trademark will then be published in the Intellectual Property Gazette.
- Within 30 working days of publication, any related third parties may file an objection to the trademark application.
- When the opposition period is over, the Ecuadorian IPO shall proceed with the substantive examination. Following this, the IPO will issue a decision on the grant or refusal of the trademark registration.
- It is mandatory for foreign applicants to file their trademark registration in Ecuador through a registered Ecuadorian trademark attorney.
- It is obligated for the applicants to file their trademark application with the list of the goods and services in Spanish. It should be noted that filing in a different language with late submission of Spanish translation is not possible and will not be accepted by the Ecuadorian IPO.
- The processing period from the date of filling to the grant of the trademark registration is about 6-10 months if no oppositions have been filed.
The renewal of trademark in Ecuador
The successful registration of a trademark in Ecuador shall have a validity period of 10 years from the date of filing. After the validity period is over, the trademark owner can file for renewal of the trademark for another 10 years. A renewal request may be filed within 6 months before the expiration of the validity term. However, it should be noted that it is feasible to file for renewal of a trademark within 6 months after the expiration date without the payment of extra fees.
Use requirement of trademark registration in Ecuador
If the trademark is not properly used in at least one of the Andean Countries (Colombia, Ecuador, Peru, or Bolivia), it may face cancellation on the grounds of non-use upon a third party’s request
The prevailing party is granted a preemptive right to register the canceled mark. It is possible to bring a cancellation action to exclude from the registration those goods/services for which actual use is not evidenced.
In order to protect the registered trademark, trademark owners should note that the mark is considered to be in use when the goods or services protected have been placed for trade by the registered owner, its licensee, or an authorized person, in the amount and the manner corresponding to such type of goods or services.
You can see a list of Ecuador IP firms here.