Trademark registration in Ecuador

Before starting your trademark application process, it is advisable to carry out a feasibility and viability study, in order to avoid, as far as possible, refusals due to the existence of prior rights or third party oppositions.

1. How many payments do I have to make for the trademark registration? One payment, for the registration process.
2. How long does it take to obtain the trademark? Within 10 to 12 months approximately, for proceedings without oppositions and/or administrative hearings.
3. What is a certification mark? It is a sign that certifies the common characteristics, in particular the quality, components and origin of the goods or services produced or distributed by authorized persons.
4. How much does it cost to register a certification mark in Ecuador and how long does the protection last? The protection of the certification mark has a duration of 10 years, and being renewable indefinitely, the renewal can be done between six months before and six months before the expiration date.
5. Three-dimensional mark in Ecuador and how long does the protection last? The protection of a three-dimensional trademark lasts for 10 years, and is renewable indefinitely.
6. What is a trade name? It is the commercial sign that identifies a commercial establishment and the activities it carries out.
7. How long does it take to register a trade name in Ecuador, and how long does the protection last? The protection of the commercial name has a duration of 10 years, and being renewable indefinitely, the renewal can be done between six months before and six months before the expiration date.
8. What is a commercial slogan? It is the advertising phrase that accompanies a trademark.
9. What is an Appellation of Origin? It is a sign that identifies a product coming from a certain region, and that meets specific requirements such as human and natural factors.
10. Who can register a trademark? Any natural or legal person, whether national or foreign, may register a trademark.
11. What can be registered? A trademark is any sign that can by itself distinguish the products or services it sells in the market, with respect to others already existing, for which it must be susceptible of graphic representation.

What are the benefits and rights conferred by the registration of a trademark?

1. Right to exclusive use, only the owner can use the sign. Protection throughout the Ecuadorian Republic and right of priority in the countries of the Andean Community of Nations (Colombia, Peru and Bolivia), within the first six months of filing the application in our country.
2. Right to file civil, criminal and administrative legal actions against infringers.
3. Discourages the use of your trademark by pirates.
4. Protects your priority from the registration of these trademarks in other nations.
5. Allows you to restrict the importation of goods using infringing trademarks. Right to grant licenses to third parties and to collect royalties.
6. Right to franchise your product or service.
7. Assign the rights over your trademark to third parties.
8. Possibility to guarantee a credit with your trademark.
9. By registering your trademark you turn it into an intangible asset, which in many occasions becomes the most valuable asset of your company.

Tips for registering a trademark in Ecuador

• Before filing an application, it is pertinent to perform a background search, that is to say, to verify that there are no similar or similar signs in the market that prevent its registration.
• Once the application is filed, it undergoes a formal examination, checking that it complies with all the requirements. If so, it is published in the Industrial Property Gazette, so that third parties are aware of the petitions filed.
• If there is no opposition, the examination of registrability is carried out for the subsequent issuance of the resolution that accepts or rejects the registration and, if granted, the process concludes with the issuance of the registration title.

What kind of actions are available to defend my trademark?

• In case of improper use of a trademark, the owner may initiate civil, criminal and administrative actions.
• When do I have to renew the trademark? When the trademark has expired or is about to expire, ten years of validity.
• How long do I have to renew the trademark? Six months before to six months after the exact expiration date of the trademark, which is stated in the title.

You can start the registration of your brand in Ecuador without the need to register as a User, then our assistants will register your customer account, write to us through the consultation form.

Register and file your trademark application in Ecuador

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