Trademark information of Ecuador

Registration is required to establish rights in a trademark; this is a "first-to-file" jurisdiction.

• Use of an unregistered mark for any goods or services is legal.

 Although not prohibitted, use of an unregistered mark entails risks of infringement or registration by a third party.

• No legislation regarding plain packaging has been enacted in this jurisdiction, and it is not under active consideration.

A. Time Frame for Obtaining Registration

• The approximate time from application to registration (for a regular prosecution, without opposition) is:

• The benefits of registering a trademark include the following:
  • it is the sole means of obtaining rights in or title to the trademark;
  • it provides prima facie evidence of ownership and validity;
  • it provides regional, national, and/or local protection;
  • it allows use of "Registered Trademark" or other suitable terms or abbreviations to demonstrate ownership of the trademark;
  • it allows the registrant access to bring actions in particular courts;
  • it helps to deter others from unlawfully using the trademark;
  • it provides a defense to infringement;
  • enforcement of an unregistered trademark is more difficult and more costly than enforcement of a registered trademark;
  • it confers the ability to recover maximum monetary damages for infringement;
  • it encourages licensees and provides the opportunity to generate royalties through licensing.

• The following signs that can be reproduced graphically and are capable of distinguishing the goods or services of one person or entity from another are registrable as a trademark:
  • words;
  • names;
  • devices;
  • certain three-dimensional shapes;
  • colors;
  • slogans;
  • sounds;
  • smells (olfactory trademarks);
  • trade dress/get-up;
  • touch.

• The special requirements for the registration of three-dimensional shapes are:

• The special requirements for the registration of colors are:

• The special requirements for the registration of sounds are:

• There are no special requirements for the registration of smells.

• There are no special requirements for the registration of trade dress.

• The special requirements for the registration of touch are:

• Marks registered in black and white or grayscale are construed narrowly to protect the mark as registered and not in other color combinations.

• In addition to regular trademark registrations, the following types of trademarks are registrable:
  • collective marks;
  • certification marks;
  • well-known marks

• service marks.

• Retail services as such are not registrable, but the following (or a comparable recitation) is permitted: the bringing together, for the benefit of others, of a variety of goods (excluding the transport thereof), enabling customers to conveniently view and purchase those goods. (Consult a local attorney for additional advice.)

• The following are not registrable as trademarks:
  • marks contrary to moral standards or public order;
  • generic terms;
  • names, flags, or symbols of states, nations, regions, or international organizations;
  • non-distinctive trademarks, absent a showing of acquired distinctiveness (secondary meaning);
  • marks that function principally as surnames;
  • marks that function principally as geographic location names (but not geographical indications or appellations of origin).

• Geographical indications (GIs) are protected in this jurisdiction.

• GIs are protected by way of:
  • trademark laws, in the form of collective marks or certification marks.

• The following products or categories are subject to GI protection in this jurisdiction:

• While conducting a private pre-filing search is not mandatory, it is recommended in that it can:
  • save the applicant the time, effort, and cost entailed in developing, adopting, and applying to register a trademark in which someone else has prior rights.

• The national office is accessible online at the following URL:

• The official register can be searched online at the following URL:

• An applicant benefits from pre-filing use of a trademark.

• The benefits of pre-filing use are:
  • Use may demonstrate acquired distinctiveness (secondary meaning) and help to overcome an objection to an application to register the trademark on the ground of non-distinctiveness.
  • minimal. Trademark rights are established largely through registration.
  •  Under the Ecuadorean Intellectual Property Law and Andean Community Decision 486, use as a commercial name may confer rights of use as of the date of first use.

• When a mark is not registered, use of that mark may provide the following benefits:
  • Courts may protect unregistered trademarks in some exceptional cases.
  • Special protection against infringement may be available for a famous and/or well-known mark that is not registered.
  • Protection against infringement may be available for trademarks with substantial and long-standing use that are not registered.
  • Courts may protect unregistered marks in "first to file" jurisdictions if they have been used in a way that is considered legally sufficient. Please consult a local trademark attorney.

• Famous and/or well-known marks are protected via the following mechanism(s):
  • an administrative process

• a determination by the court resulting from an action for infringement;
• a determination by the court (other than one resulting from an action for infringement).

• This jurisdiction is a member of the following international treaties relating to intellectual property:
  • Paris Convention;
  • Nice Agreement.

• If the applicant is not domiciled in this jurisdiction, a local address for service must be provided.

• Joint applicants are permitted in this jurisdiction.

• Neither actual use nor intent to use is required for application.

• The following information is required to COMPLETE an application:
  • name and address of applicant;
  • state or country of incorporation;
  • description of trademark;
  • representation of trademark (a depiction of the mark an applicant seeks to register);
  • list of goods/services;
  • power of attorney;
  • official filing fee.

• While ALL of the items noted in the list immediately above are required to COMPLETE an application, ONLY THE FOLLOWING ITEMS from that list are required in order to SECURE A FILING DATE:
  • name and address of applicant;
  • state or country of incorporation;
  • description of trademark;
  • representation of trademark (a depiction of the mark an applicant seeks to register);
  • list of goods/services;
  • official filing fee.

• The list of goods and services in this jurisdiction may specify:
  • the relevant class heading.

• The following number of copies of the trademark must be submitted:

• In this jurisdiction, the following types of registration are available:
  • national.

• This jurisdiction is not a party to either the Madrid Agreement or the Madrid Protocol and may not be designated in international applications.

• This country is not a member of the European Union; a European Union Trade Mark registration (formerly a Community Trade Mark registration) is not effective in this jurisdiction.

• No (other) multinational regional registrations are available in this jurisdiction.

• Applications can be filed online at the following URL:

• The official file can be accessed online at the following URL:

• Applications are officially searched as to prior trademarks.

• If an applicant's home country is a signatory to the Paris Convention, the filing date of its home application can be claimed as the filing date in this jurisdiction, provided that its home application was filed within the fixed period of six months preceding the application in this jurisdiction.
• If an applicant's home country is a member of the World Trade Organization, it should be possible to claim the home filing date. (Consult a local trademark attorney.)

• This jurisdiction uses the Nice Classification System.

• If a trademark is or will be used in more than one class of goods and/or services, it is necessary to file a separate application for each class of goods and/or services.

• An application to register a trademark may be filed directly in this jurisdiction by:
  • the applicant, even if not a citizen of or domiciled in the jurisdiction;
  • a trademark representative/attorney/agent, even if not a citizen of or domiciled in the jurisdiction;
  • a trademark representative/attorney/agent, but only if a citizen of or domiciled in the jurisdiction.

• The filing particulars of an application are made available to the public.

• The filing particulars are made available to the public:
  • through publication and online.

• The following application details are made available to the public:
  • mark;
  • name of applicant;
  • citizenship of applicant;
  • application number;
  • application date;
  • goods/services;
  • representation of trademark.

• Applications are examined in respect of:
  • formalities: i.e., for compliance with the filing requirements;
  • classification: i.e., to ensure that the goods or services fall within the class(es) listed in the application;
  • clarity: i.e., that descriptions are clear and understandable;
  • descriptiveness: i.e., to check whether a trademark functions solely to provide information about the goods and services affiliated with the trademark;
  • distinctiveness: i.e., to ensure that trademarks are capable of being represented graphically and of distinguishing the goods or services of one individual or organization from those of other individuals or organizations;
  • conflict with prior registration, prior-filed application, or earlier unregistered rights resulting from an official search.

• If the local trademark authority issues a preliminary refusal to register a mark based on an earlier registration owned by another:
  • The existence of a valid coexistence agreement between the applicant and the cited registrant may be accepted as evidence permitting registration of the application; its acceptance is at the discretion of the trademark authority.

• This jurisdiction does not have disclaimer practice (i.e., a practice whereby the applicant must disclaim any exclusive right to an element of a trademark that is not distinctive).

• The order of the application process is as follows:
  •  Examination of form, publication, examination of substance, registration.

• Accelerated examination may not be requested.

• The following rights are established by a pending application:
  • the filing date of the application establishes a home filing date for purposes of priority;
  • the pending application can be cited in official examination against a subsequent (later-filed) conflicting application;
  • the pending application can be used in a third-party opposition proceeding against a subsequent (later-filed) conflicting application.

• Opposition is available.

• Opposition is conducted pre-grant.

• The following can be grounds for opposition:
  • proprietary rights, such as an earlier conflicting registration;
  • the mark is descriptive, i.e., it consists of a sign or indication that may serve in trade to designate the kind, quality, quantity, intended purpose, or value of goods or of rendering of services or other characteristics of goods or services;
  • the mark is not distinctive;
  • the mark is misleading, deceptive, or disparaging;
  • breach of copyright;
  • rights under Article 6bis of the Paris Convention (notorious or well-known mark);
  • rights under Article 6ter of the Paris Convention (protection of armorial bearings, flags, and other State emblems);
  • rights under Article 6septies of the Paris Convention (registration in the name of the agent or other representative of the proprietor of the mark);
  • rights under Article 8 of the Paris Convention (trade names);
  • rights in a personal name;
  • the mark is generic, i.e., the mark consists exclusively of signs or indications that have become customary in the current language or in the bona fide and established practices of the trade;
  • the mark consists of a geographical indication;
  • the mark is against public policy or principles of morality.

• An application is published for opposition purposes before formal examination of the application.

• The opposition period begins on the following date:

• The opposition period ends on the following date:

• The following parties may initiate an opposition:
  • any interested party.

• Oppositions can be filed online.

• Proof of use is not required prior to the issuance of a registration or the issuance of a notice of allowance/acceptance.

• An application can be assigned.

• A registration can be assigned.

• An assignment of an application must be for the entire territory covered by the application.

• An assignment of a registration must be for the entire territory covered by the registration.

• An assignment of an application must be for all of the goods or services listed in the application.

• An assignment of a registration must be for all of the goods or services listed in the registration.

• Goodwill need not be included in an assignment of an application.

• Goodwill need not be included in an assignment of a registration.

• An assignment document for an application requires:
  • name of assignor;
  • address of assignor;
  • citizenship of assignor;
  • name of assignee;
  • address of assignee;
  • citizenship of assignee;
  • details of the trademark being assigned;
  • signature by assignor;
  • signature by assignee.

• An assignment document for a registration requires:
  • name of assignor;
  • address of assignor;
  • citizenship of assignor;
  • name of assignee;
  • address of assignee;
  • citizenship of assignee;
  • details of the trademark being assigned;
  • signature by assignee.

• Legal verification of a written assignment document of an application is required by:
  • notarization;
  • legalization.

• Legal verification of a written assignment document of a registration is required by:
  • notarization;
  • legalization.

• An assignment of an application must be recorded to be effective.

• An assignment of a registration must be recorded to be effective.

• Use of a mark that is the subject of an application can be licensed.

• Use of a registered mark can be licensed.

• In this jurisdiction, registered trademark users (as opposed to licensees) cannot be recorded.

• A license of an application can be made for a portion of the territory covered by the application.

• A license of a registration can be made for a portion of the territory covered by the registration.

• A license of an application can be for some or all of the goods or services listed in the application.

• A license of a registration can be for some or all of the goods or services listed in the registration.

• A license of an application can be non-exclusive (multiple licensees and the owner).

• A license of a registration can be non-exclusive (multiple licensees and the owner).

• Use by a related company of a mark that is the subject of an application must be licensed.

• Use by a related company of a registered mark must be licensed.

• A license of an application can be made with a time limitation.

• A license of a registration can be made with or without a time limitation.

• A license document for an application requires:
  • name of licensor;
  • address of licensor;
  • citizenship of licensor;
  • name of licensee;
  • address of licensee;
  • citizenship of licensee;
  • details of the trademark to be licensed;
  • commencement date of the license;
  • term of the license;
  • territory of the license;
  • signature by licensor;
  • signature by licensee.

• A license document for a registration requires:
  • name of licensor;
  • address of licensor;
  • citizenship of licensor;
  • name of licensee;
  • address of licensee;
  • citizenship of licensee;
  • details of the trademark to be licensed;
  • goods and services being licensed;
  • commencement date of the license;
  • territory of the license;
  • simple signature by licensor (see below for execution requirements);
  • simple signature by licensee (see below for execution requirements);
  •  license agreement must be duly notarized and legalized by apostille or Ecuadorean Consulate.

• Legal verification of a written agreement to license an application is required by:
  • notarization;
  • legalization.

• A license of an application must be recorded to legitimately control use by and obtain royalties from the licensee.

• A license of a registration must be recorded to maintain the validity of the registration if it is used under license.

• The license for a renewed registration need not be re-recorded.

• Legal verification of a written agreement to license a registration is required by:
  • notarization;
  • legalization.

• The requirements for the recordal of name changes, mergers, and other important corporate updates on trademark records are as follows:
  • power of attorney, legalized by the respective consulate/apostille;
  • deed of assignment, legalized by the respective consulate/apostille;
  • certificate of proof of change of name, legalized by the respective consulate/apostille;
  • certificate of merger, legalized by the respective consulate/apostille.

• The requirements regarding the recordal of updated addresses on trademark records are as follows:

• The requirements for recording liens against trademark records, such as security interests, are as follows:

• A fee is not required for issuance of the registration.

• The following documentation is required for issuance of the registration:
  • none.

• The following rights are established by registration:
  • the exclusive right to use the registered trademark;
  • the right to oppose subsequent conflicting applications;
  • the right to bring a cancellation action against a subsequent conflicting registration;
  • the right to sue for infringement against confusingly similar third-party trademark use;
  • the right to license third parties to use the trademark;
  • the right to apply for seizure by customs authorities of counterfeit goods being imported into this jurisdiction;
  • the right to obtain damages for infringement.

• The Roman alphabet is not used to represent the official language(s) of this jurisdiction.

• Registration of a mark in the Roman alphabet is not sufficient to protect the transliterated version of that mark; the transliterated version would have to be registered separately.

• A trademark becomes incontestable, that is, the validity of the registration cannot be challenged, after the following time period:
  • counting from the date of registration of the mark:

• The territorial limit of registration is:

• The initial term of a registration is:
  • 10 years.

• The beginning of the term of a registration is calculated from:
  •  the date of the resolution granting registration. The actual certificate will include the date when it (the certificate) was issued, which frequently is used as the registration grant date. The 10-year term will count from the date of the resolution that admitted the registration, notwithstanding when the certificate was issued.

• Marking is not compulsory for registered trademarks, but is advisable because:

• Any marking should be in the form(s) mentioned below. Please consult a local trademark attorney in case of doubt.
  • TM;
  • ®.
  •  Marking is not required under Ecuadorean law and does not provide any benefit.

• The use of ® is not legally recognized.

• The legal consequences of false or misleading marking are:

• Attack on the ground of non-use is available.

• To avoid being attacked on the ground of non-use, a trademark must be used within the following period of time:

• To satisfy the use requirement, the amount of use:
  • must be on a commercial scale.

• Use of the trademark must occur in:
  • any member state of the Andean Community.

• The consequences of a trademark's not being used are as follows:

• Periodic statements of use or other mandatory filings by the trademark owner setting forth use of the trademark are not required.

• An action for non-use of a trademark can be brought by:
  • any interested third party.

• Non-use can be excused under the following circumstances:
  • import restrictions;
  • other government policies;
  •  force majeure, unforeseen circumstances.

• Resumption of use after non-use for the prescribed period (see above) may cure non-use provided that, in the interim, no third party has:
  • filed an action for cancellation of the trademark on the ground of non-use.

• Use of a registered trademark in a modified form would not affect the enforceability of a registration and is allowed if the difference is slight and provided that the modification does not materially alter the distinctive character of the trademark. Consult a local trademark attorney.

• Amendment of a registration to conform to a modified form of the trademark is not possible. Depending on the circumstances, a new application to register the modified trademark might be necessary. Consult a local trademark attorney.

• Cancellation is available.

• The following can be grounds for cancellation:
  • rights under Article 6bis of the Paris Convention (notorious or well-known mark).

• There is no deadline for bringing a cancellation action; a cancellation action can be brought at any time.

• The following parties may bring a cancellation action:
  • any interested party;
  • the owner of an earlier right;
  • a licensee.

• Cancellation actions cannot be filed online.

• The following documentation is required for renewal:
  • power of attorney;
  • declaration of use

• proof of use

• Acceptable proof of use/declaration of use documents are:
  • declaration from proprietor;
  • sales figures;
  • territory in which the trademark has been used;
  •  invoices.

• The first renewal date of a registration is:
  • 10 years from the registration grant date.

• Subsequent renewals last for the following period of time:
  • 10 years from the renewal date of the registration.

• The renewal pre-payment period is:
  • no more than the following number of months before the renewal date:

• There is a grace period for renewing registrations once the renewal date has expired.

• The grace period after the renewal date has expired is:
  • 6 months.

• There is no penalty for late renewal.

• Renewal can be effected online at the following URL:

• At the completion of renewal, a new registration number is not issued.

If you would like to know the trademark registration process of El Salvador ? Click on here!

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