TRADEMARKS

ECUADOR

GDP: $100,9 BILLION
IMPORTS: $26.22 BILLION
POPULATION: 15,90 MILLION
TOTAL AREA: 283,560 Km2
CURRENCY: UNITED STATES DOLLAR (USD)
OFFICIAL LANGUAGES: SPANISH
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WIPO-administered Treaties:

Contracting Party of the Paris Convention: YES
Contracting Party of the Madrid System: NO

Trademark Law in Force:

Decision 486 of the Andean Community. The Andean Pact Decision provides for one common trademark
law among the member countries (Bolivia, Colombia, Ecuador, Peru). It does not provide a common registration procedure, but it provides for certain reciprocal rights to be available upon request of the trademark owner. For example, an entity that first applied for registration of a trademark in any Member Country, may lodge an opposition against a similar mark filed in the other Member Countries.

Classification:

Nice classification, 10th edition

Multiclass Applications:

Not possible

Registrable Trademarks:

all distinctive and graphically representable signs, such as words, names, acronyms, letters, numbers,
devices, emblems, holograms, colors, combinations or shades of colors, threedimensional forms, the three-dimensional form of a good or its packaging, trade dress, sound marks and olfactory marks.

Formal filing requirements:

• Power of Attorney duly notarized and legalized within 60 days from the official request.
• Certified copy of priority application and its translation into Spanish within 9 months from priority date.

Examination:

Absolute grounds for refusal: YES
Relative grounds for refusal: YES

Opposition period:

30 working days from publication date.

Average time from filing to grant:

Approximately 13 months unless any obstacles were raised.

Term of protection:

10 years from the date of registration.

Use requirements:

YES. The cancellation can be requested if the trademark has not been used for a time period of 3 years in any member state of the Andean Pact, counting from the date of registration. (Partial cancellation possible)

Grace period for renewal:

6 months

Link to Trademark Office:

http://www.propiedadintelectual.gob.ec/

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