Filing
The filing date of an Ecuadorian trademark is the one assigned when filing the application.
If priority is claimed, the filing date will remain the same but the priority date will be the one claimed.
Formal Examination
Within 15 working days from the filing date
The Ecuadoran Trademark Office will determine if the application meets the formal requirements and if it does, the trademark will be published.
It is worth noting that the examiners may take more than 30 days to review the application.
Publication
Within 30 days from the formal examination
When the Trademark Office deems the application meets the formal requirements, the application will be published in the Official Gazette for opposition purposes.
Opposition Period
Publication + 30 working days
The opposition period starts as soon as the trademark is published and the period for a third party to file an opposition ends 30 days after publication.
If no opposition was filed and the 30-day opposition period has ended, the trademark will undergo a substantive examination.
Please note that any owner of a trademark in the Andean Pact (Bolivia, Colombia, Ecuador, and Peru) can file an Andean opposition against a Ecuadorian application. The only requirement is that the titleholder has to apply for a local trademark.
Substantive Examination
Within 4 to 8 months after opposition period ends
During this phase, the Trademark Office will analyze the application on both absolute and relative grounds of refusal. This includes a search to determine potential legal obstacles.
Registration fees
Granting
Within 6 to 12 months from the filing date
If no obstacles are found, the Ecuadoran Trademark Office will proceed to grant the trademark.
The mark will be protected for a period of 10 years, counting from the granting date.
Certificate of Registration
1 – 3 months counted from the granting resolution
An electronic certificate is issued within 1 – 3 months from the granting date.
The filing date of an Ecuadorian trademark is the one assigned when filing the application.
If priority is claimed, the filing date will remain the same but the priority date will be the one claimed.
Within 15 working days from the filing date
The Ecuadoran Trademark Office will determine if the application meets the formal requirements and if it does, the trademark will be published.
It is worth noting that the examiners may take more than 30 days to review the application.
Within 30 days from the formal examination
When the Trademark Office deems the application meets the formal requirements, the application will be published in the Official Gazette for opposition purposes.
Publication + 30 working days
The opposition period starts as soon as the trademark is published and the period for a third party to file an opposition ends 30 days after publication.
If no opposition was filed and the 30-day opposition period has ended, the trademark will undergo a substantive examination.
Please note that any owner of a trademark in the Andean Pact (Bolivia, Colombia, Ecuador, and Peru) can file an Andean opposition against a Ecuadorian application. The only requirement is that the titleholder has to apply for a local trademark.
Within 4 to 8 months after opposition period ends
During this phase, the Trademark Office will analyze the application on both absolute and relative grounds of refusal. This includes a search to determine potential legal obstacles.
Within 6 to 12 months from the filing date
If no obstacles are found, the Ecuadoran Trademark Office will proceed to grant the trademark.
The mark will be protected for a period of 10 years, counting from the granting date.
1 – 3 months counted from the granting resolution
An electronic certificate is issued within 1 – 3 months from the granting date.
Useful Information
According to Andean Law, a trademark has a period of 3 years after its registration in which it cannot be cancelled. After that, any third party can apply for a cancelation action due to non-use.
Due to the existence of this action, under Andean Trademark Law, a sign must be used to preserve its rights. This use must be “real, continuous, and effective”.
It is relevant to also note that the use of the mark is not evaluated ex officio by the ECTMO, nor the owner has to file periodically any prove of use. The evaluation of the use of a trademark is only done in the eventuality that a cancelation action is filed.