Declaring Notoriety in Ecuador

In Ecuador, trademark rights can only be obtained through registration with the Trademark Office (SENADI), and not through prior use. This means that, unless a formal declaration of fame is obtained, evidence of use of the trademark can only be a supplementary element, not a decisive factor, in opposition proceedings. Therefore, obtaining a declaration of fame plays a very important role in establishing the status of a trademark in Ecuador.

Procedure for filing a “declaration of notoriety” in Ecuador

1. Make a request

• a) A formal request for a notability statement
• b) Details of the trademark, including the nature of the trademark and the countries or regions where the trademark is considered well-known
• c) Documentation of prior registration or a certified copy of international registration
• d) A list of products, services or activities associated with the trademark
• e) Applicant information, contact details and identity proof
• f) Documents proving the reputation of the trademark, such as sales data, advertising expenditures, and market research

2. Review:

• SENADI will review the application within 15 days. If there are any defects, the applicant must respond and make corrections within 10 days of receiving the correction notice.

3. Verification and decision:

• Once the application meets all the formal requirements, SENADI will evaluate the evidence and issue a motivational resolution declaring the well-known nature of the mark. This declaration is valid for 7 years.

4. Official Fees:

• USD 3,270 - USD 10,800, depending on the complexity of the procedure.

5. Time limit:

• A declaration of fame is valid for 7 years. While obtaining a declaration of fame can strengthen the position of a trademark, it does not automatically overturn or cancel the rights of a prior registered trademark. A separate procedure still needs to be initiated to cancel or annul a prior trademark.

6. Factors that determine visibility

• According to the relevant provisions of Ecuadorian Trademark Law, factors for determining fame include:
  • a) Public recognition of relevant industries
  • b) Duration and geographical extent of use and promotion of the mark
  • c) Investment in advertising and promotional activities
  • d) Sales performance and market penetration
  • e) Inherent or acquired distinctiveness of the mark

Reputation declarations issued in other countries are valuable in Ecuador, and while obtaining a reputation declaration in Ecuador is a complex process, it can play a vital role in protecting your trademark’s reputation and market position.