Global Trademark GO - Ecuador - Introduction to Ecuador Trademark Application

Ecuador can apply for word marks, graphic marks, certification marks, collective marks, three-dimensional marks, trade names, commercial slogans, designations of origin, etc. for words, numbers, symbols, logos, designs, sounds, smells, textures or combinations of these. Ecuador does not allow trademark applications for multiple categories of trademarks. At the same time, Ecuador is not a member of the Madrid System, so it can only apply for trademark registration in Ecuador through a single channel.

1. Trademark authority:

• Ecuador National Service of Intellectual Rights, English: National Service of Intellectual Rights, SENADI
• Website: Servicios – Ecuador (derechosintelectuales.gob.ec)

2. How to apply for trademark registration:

• Paper submission in person (INAPI office hours: 9 a.m. to 2 p.m.) or electronic application (official fees must be paid electronically)

3. Trademark registration application language:

• spanish

4. Documents required for trademark registration application:

• Applicant information (including mailing address)
• List of trademarked goods and/or services
• Power of attorney, original, needs to be notarized and certified, and can be supplemented within 60 days from the date of application.
• Priority document and its Spanish translation, proof of payment can be provided within 9 months from the date of application

5. Ecuador trademark registration application process:

• After the trademark application is received by the Ecuadorian Intellectual Property Office, SENADI will conduct a formal review within 15 working days. If it passes formal examination, the trademark will be published in the Intellectual Property Gazette. During the 30 working day announcement period, third parties can submit objections. After the opposition period ends, a substantive review will be conducted, and a decision will be made whether to grant a trademark registration certificate based on the review results.

6. Documents required for trademark change/transfer:

• Name/address change information
• power of attorney
• transfer agreement
• Trademark registration certificate

7. Trademark cancellation

• If the trademark has not been used in one of the Andean countries (Colombia, Ecuador, Peru or Bolivia) for five consecutive years from the date of registration, a third party may cancel the registered trademark claiming non-use. If the claim is valid, the third party making the claim has the right to register the canceled trademark first. Cancellation can also be filed for categories of goods/services for which the trademark is not actually used. The burden of proof lies with the trademark owner. The corresponding trademark is deemed to be in use when the protected goods or services are traded by the trademark owner, licensee or licensor in a quantity and manner corresponding to the goods or services.

8. Trademark objections

• Anyone can file an objection request against the announced trademark within 30 working days from the date of trademark announcement.

9. Authorization, validity period and trademark renewal

• There is no authorization fee for trademark applications in Ecuador. The validity period of trademark registration is 10 years from the registration date, and each renewal can be renewed for ten years. Renewal requests can be submitted within six months before the validity period expires. Trademarks can be renewed within six months of expiration at no additional cost.

10. Average time for trademark authorization

• If the registration goes smoothly, the average time for trademark registration in Ecuador is 6-10 months.

11. Other matters needing attention

• If a Chinese enterprise has not registered a trademark in South America, it can register its trademark in the Convention countries in accordance with the Pan-American Convention for the Protection of Trademarks and Commerce, such as the United States, Peru, Bolivia, Paraguay, Ecuador, Uruguay, Dominica, Chile, Panama, Venezuela, Costa Rica, and Cuba. , Guatemala, Haiti, Colombia, Brazil, Mexico, Nicaragua, Honduras and other countries to implement rights abroad.