Registering a trademark with the National Service of Intellectual Rights (SENADI) takes about 6–12 months if there are no oppositions or errors in the application. Complex cases may take up to 18 months.
The deadline for filing an opposition is 30 days from the publication of the application in the Gaceta de Propiedad Intelectual (official gazette).
In Ecuador, you can register word marks, figurative marks, combined marks, three-dimensional marks, sound marks, olfactory marks, and certification marks, provided they are distinctive. Marks contrary to public morality or state symbols are prohibited.
The certificate is valid for 10 years from the registration date and can be renewed indefinitely every 10 years.
The owner has the exclusive right to use the mark commercially in Ecuador, prohibit others from using similar marks, and transfer or license the trademark rights.
The filing fee is approximately $200–400 for one class of goods/services, including registration and publication fees. Additional costs may include legal services or fees for extra classes.
Yes, use is mandatory. Non-use for 3 consecutive years after registration may lead to cancellation upon third-party request, as per Article 165 of Decision 486.
If the trademark is not renewed within 10 years from the registration date, the registration is canceled. Reinstatement is possible within 6 months after the deadline by paying an additional fee.
Registering a trademark in Ecuador not only safeguards your brand within the country but also enhances your business's credibility and value. This guide outlines the importance of trademark registration in Ecuador and provides a step-by-step overview of the process.
Ecuador, as a member of the Andean Community, offers a strategic market for businesses aiming to expand in South America. Registering your trademark in Ecuador provides:
Exclusive Rights: Legal ownership and exclusive use of your trademark within Ecuador.
Protection Against Infringement: Legal grounds to prevent unauthorized use or imitation of your brand.
Enhanced Brand Value: A registered trademark can increase your company's market value and appeal to investors.
Opportunities for Licensing and Franchising: Facilitates business expansion through licensing agreements or franchising.
Legal Advantage in Disputes: Provides a stronger position in legal disputes over brand ownership.
The National Service of Intellectual Rights (SENADI) oversees trademark registrations in Ecuador. The process involves several key steps:
Preliminary Search: Conduct a search in SENADI's database to ensure your desired trademark isn't already registered.
Application Submission: File your application with SENADI, including a clear representation of the trademark and a list of goods or services it will cover.
Formal Examination: SENADI reviews the application for compliance with formal requirements.
Publication: If the application passes the formal examination, it's published in the Intellectual Property Gazette.
Opposition Period: Third parties have 30 working days from the publication date to file oppositions.
Substantive Examination: If no oppositions are filed, or after resolving any oppositions, SENADI conducts a substantive examination to assess the trademark's distinctiveness and potential conflicts.
Registration: Upon successful examination, SENADI registers the trademark and issues a certificate of registration.
To register a trademark in Ecuador, you'll need:
Applicant Information: Full name, address, and nationality.
Trademark Representation: A clear image or description of the trademark.
List of Goods/Services: Specify the goods or services the trademark will cover, classified according to the Nice Classification (11th edition).
Power of Attorney: A notarized and legalized (apostilled) power of attorney if the application is filed through a representative.
Priority Document: If claiming priority from an earlier application, provide a certified copy and its Spanish translation within nine months from the filing date.
The entire registration process typically takes between 6 to 10 months, assuming no oppositions or complications arise. Once registered, a trademark in Ecuador is valid for 10 years from the registration date and can be renewed indefinitely for successive 10-year periods. Renewal applications should be filed within six months before the expiration date, with a six-month grace period available without additional fees.
In Ecuador, a registered trademark must be used within three years from the registration date. Failure to use the trademark within this period can lead to cancellation upon a third party's request. Use in any member country of the Andean Community (Bolivia, Colombia, Ecuador, Peru) is considered valid.
Navigating the trademark registration process can be complex, especially for foreign applicants. ProfitMark offers comprehensive services to streamline this process:
Expert Guidance: Our team provides end-to-end support, from preliminary searches to obtaining the registration certificate.
Trademark Search: We conduct thorough searches to ensure your trademark's uniqueness and avoid potential conflicts.
Document Preparation and Submission: We handle all documentation, ensuring compliance with Ecuadorian requirements, and submit applications without the need for your physical presence.
Legal Support: In case of oppositions or disputes, our legal experts provide robust representation.
Transparent Pricing: We offer clear, fixed pricing with no hidden costs.
Experience: Over 13 years in the trademark registration industry.
Global Reach: Successful trademark registrations in more than 30 countries.
International Expertise: A team of professionals well-versed in international trademark laws.
Client-Centric Approach: Tailored services to meet each client's unique needs.
Convenience: Fully online services, allowing you to manage the process remotely.
Quality Assurance: Commitment to delivering high-quality services with guaranteed results.
Don't delay in securing your brand's protection. Registering your trademark in Ecuador is a strategic move to safeguard your business interests and expand your market presence. With ProfitMark's expertise, the process becomes straightforward and reliable. Contact us today to ensure the future success of your brand.