Ecuador Trademark Registration

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1. Is registration of a trademark mandatory?

   Registration is not compulsory, but it is highly advisable and necessary. In the absence of registration is not possible to avoid third parties from using the mark, unless is a well know mark. Also, you cannot be sure when introducing a good or service in the market in respect of a non registered mark, whether there is another trademark whose rights might be afected by this use, which could have serious legal consecuences.

2. Which Intellectual Property rights are registrable?

   Distinctive symbols capable of graphic representation. Also commercial names and slogans, as log as they do not make reference to products, expresions or similar trademarks, which can affect third parties rights.

3. Can a trademark be registered for covering a commercial establishment which activity is focused in selling goods to consumers, for example retail stores? If so, how is the registration procedure? Are there any special requirements for it?

   The name of a commercial establishment will be protected without the need of registration. The right to exclusive use of a trade name comes from its continuous and public use, in good faith in the trade, for at least six months. Trade names may be registered in the National Directorate of Industrial Property, but the right to exclusive use only is acquired under the terms stated above. However, such registration is a presumption of ownership in favour of the reight holder. The registration process for a trade name is similar to a trademark.

4. Is there any advantage in using a trademark before filing an application?

   No. Rights to a mark are acquired only through registration. Nevertheless, if a mark becomes well known though use, oppositions may be filed based on such use.

5. How long does the registration process take?

   In the absence of objections and oppositions, the registration process takes approximately 5 months.

6. Is there any requirement of use for registered trademarks? If so, what happens in case it is not used?

   A trademark must be used within three years of the registration date or the registration will become vulnerable to cancellation for nonuse. However, use in any country member of the Andean Community satisfy this requirement.

7. In the case of a registered mixed trademark (word + logo), is it possible to include in the logo, different or additional words from those mentioned in the word mark?

   Yes, the registration of a mixed mark protects both verbal (words) and figurative element (drawing/logo) In other words, it protects at the same time two forms of registration.

8. How can I know which is the due date for the renewal of a registered trademark?

   The term/renewal date of a registration is 10 years from the registration date.

9. When should I pay the renewal fee of my registered trademark?

   A renewal can be filed during the six month period prior to the trademark expiration date.

10. Is it possible to pay the renewal fee of a patent after the renewal due date has expired? If so, when should I pay?

    It is possible to renew for six months after the renewal date.

11. What documents are required for filing a trademark or renewal application?

    A ratification f the Power of Attorney is requiered for renewal if accomplished by the same local attorney. Otherwise a fully executed Power of Attorney is required as well as the completion of the corresponding form.

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