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Ecuador (EC)

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Mai 31, 2016 (Newsletter Issue 10/16)
IP Procedures Optimised
The Ecuadorian Institute of Intellectual Property (IEPI) has launched a program for the optimisation and automatization of procedures within the framework of the National Plan for the Simplification of Procedures. The new online processes will speed up the applications and registrations filed before the IEPI and reduce the response times.

Processes and response times for trademark, slogan and trade name registrations should be reduced to six months. Additionally, the response time for distinctive sign oppositions will be reduced to nine months.

The IEPI has also reported that the number of requirements for the inscription of the following contracts will be reduced: databases, computer programs, audio-visual works, literary works and phonograms. The response time for these processes will be one day.

Source: ww.moellerip.com, www.propiedadintelectual.gob.ec


Okt 25, 2011 (Newsletter Issue 12/11)
Term Extension to File Oppositions No Longer Accepted
The Ecuadorian Trademark Office has decided to eliminate the possibility of term extensions to file opposition (under Resolution No. 11-029 P-IEPI), in concordance with the Andean Community Regulations.
As from July 2011, the Ecuadorian Trademark Office has decided to eliminate exensions of terms to file oppositions against trademark applications, considering that there was a contradiction between the national and the community regulations.
The Decision 486 of the Andean Community does not include the possibility of requesting extensions of terms to file oppositions, against the Ecuadorian Trademark Law which accepts this exception.
In light of the above, the Ecuadorian Trademark Office has concluded that the community regulation must prevail on the national one. Therefore, extensions will no longer be granted in Ecuador to file oppositions.

Source: Moeller IP Advisors, Buenos Aires, Argentina


Jul 12, 2010 (Newsletter Issue 12/10)
Official Fees Increased
The Ecuadorian Institute of Intellectual Property has increased the official registration fees and opposition fees effective by June 1st, 2010.

The official fee for a trademark application is USD 116.- (approx. EUR 92.-) including the issuance of the title.

There is no longer any requirement to pay for the issuance of the registration title; it will be included in the one-off fee for applications.

The registration fees of three-dimensional trademarks are much higher compared to other trademark registration fees with USD 336.- (approx. EUR 266.-).


Source: www.iloinfo.com

Legal basis is the Social Economy of Knowledge, Creativity and Innovation Organic Code, recently enacted in December 2016, and the Andean Community Decision no. 486 concerning intellectual property.
Ecuador is a member of the Andean Community. Andean Community Decision no. 486 contains common rules on Trademark Law in all member states (Bolivia, Colombia, Ecuador, Peru).
Trademark protection is obtained by registration.
Nice classification, 11th edition
Registrable as a trademark are 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 and any combination of the mentioned signs.
The following trademark types are registrable: trade marks, service marks, collective marks, certification marks, trade names and titles of establishment.
The application is filed at the “Instituto Ecuatoriano de Propiedad Industrial Intelectual (I.E.P.I.)”.
A separate application needs to be filed for each class.
Foreign applicants may file an application through a local agent with a power of attorney attested by a notary and legalised by Apostille or up to Ecuadorian Consulate if there is no Apostille Convention.
Foreign applicants do not need a domestic registration.
The application process includes a formal examination, publication in the monthly Industrial Property Gazette, and an examination of distinctiveness among prior trademarks.
The processing time from first filing to registration is approx. 12-18 months.
The trademark application is published 2 months after the application.
National:
The opposition period is 30 working days from publication date of the application. The period cannot be extended. Oppositions are also possible by owners of trademarks in other member states of the Andean Pact in which case a local application needs to be filed to acknowledge legitimate interest.
Protection begins with the date of allowance of registration. A trademark registration is valid for 10 years of such date. The registration is renewable for periods of 10 years.
The grace period for renewals is 6 months from the expiration date of the trademark.

Further practical details are available in our publication on this topic here
If the trademark has not been used for a continuous period of 3 years in at least one member state of the Andean Community, it will be vulnerable against a cancellation action by a third party.


Further practical details are available in our publication on this topic here
The official fee for a trademark application is USD 208 including the issuance of the title. The official fee for a three-dimensional trademark application is USD 1,002.


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Practical details on licensing procedures, requirements and effectiveness are available in our publication on this topic here.
Country Index is a free service of SMD Group. We thank the following law firms for their assistance in updating the information provided.

Country Survey
Mrz 13, 2017
Bermeo & Bermeo - Latin America IP, Quito, Ecuador

Feb 10, 2016
Bermeo & Bermeo - Latin America IP, Quito, Ecuador

Dez 02, 2014
Bermeo & Bermeo - Latin America IP, Quito, Ecuador

Nov 28, 2013
Bermeo & Bermeo - Latin America IP, Quito, Ecuador

Sep 25, 2012
Falconi Puig Abogados, Quito, Ecuador

Jan 17, 2012
Bermeo & Bermeo - Latin America IP, Quito, Ecuador



Ecuadorian Institute of Intellectual Property (IEPI)
Av. República No. 396
y Diego de Almagro
Edificio FORUM 300
Quito
Ecuador
Tel +593 2 25 08 000
Fax +593 2 25 08 02 7
Mail info@iepi.gob.ec
www.propiedadintelectual.gob.e...