TRADEMARKS

ECUADOR

GDP: $108,398 BILLION
IMPORTS: $24,932 BILLION
POPULATION: 17,084,357
TOTAL AREA: 283,560 KM2
CURRENCY: UNITED STATES DOLLAR ($) (USD)
OFFICIAL LANGUAGES: SPANISH

WIPO-administered Treaties:

Contracting Party of the Paris Convention: YES.

Contracting Party of the Madrid System: NO.

Patent Prosecution Highway:

Trade Mark Law in force:

Decision 486 of the Andean Community. The Andean Pact Decision provides for one common trade mark 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 trade mark owner. For example, an entity that first applied for registration of a trade mark in any Member Country, may lodge an opposition against a similar mark filed in the other Member Countries.

Classification:

Nice classification, 11th edition.

Multiclass Applications:

Not possible.

Registrable trade marks:

All distinctive and graphically representable signs, such as words, names, acronyms, letters, numbers,

devices, emblems, holograms, colours, combinations or shades of colours, three-dimensional 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 notarised and legalised within 60 days from the official request.

• Certified copy of the priority application and its translation into Spanish within 9 months from the 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 8-12 months, unless any obstacles were raised.

Term of protection:

10 years from the date of registration.

Use requirements:

YES. Cancellation can be requested if the trade mark has not been used for 3 years in any member state of the Andean Pact, counting from the date of registration. Partial cancellation is possible.

Renewal terms:

6 months prior to renewal date.

Grace period: 6 months.

Link to Trade Mark Office:

https://www.derechosintelectuales.gob.ec/

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