Knowledge Base
FAQ
Popular Trademark Questions
The Andean Decision 486 states that all foreign owners of a trademark need a local representative to prosecute a trademark registration.
A trademark can be a distinctive word or a distinctive design.
Ecuador does not allow multiclass applications. It is required to file one application per mark, per class.
Please send a scanned copy of the documents to trademarks@bermeolaw.com then, please submit to our physical address:
Bermeo & Bermeo
World Trade Center Bldg. Tower B 12th fl;.
Av. 12 Octubre y Cordero N24-528
Quito, ECUADOR
Once the IP Office issues the decision of allowance of a trademark, it will be in force for 10 years and it is up to the owner to renew the trademark for another 10 years.
No. An application will need to be submitted in each country.
The Ecuadorian IP Office issues certificates electronically.
A PoA granted by the owner bearing the current address, which needs to be duly legalized with Apostille or alternatively before the Ecuadorian Consulate.
The local law mandates that each change in the ownership shall be recorded before the IP Office.
Yes, the local law mandates that each change in the ownership shall be recorded before the IP Office.
- A PoA granted by the owner bearing its new address, which needs to be duly legalized with Apostille or alternatively before the Ecuadorian Consulate.
- A certificate evidencing the change showing the old and new address duly legalized with Apostille.
- A certificate evidencing the old and the new name of the owner, which must be duly legalized with Apostille or alternatively before the Ecuadorian Consulate.
- A PoA granted by the new owner bearing the current address, which needs to be duly legalized with Apostille or alternatively before the Ecuadorian Consulate.
- A transfer deed signed by both parties and duly legalized with Apostille or alternatively before the Ecuadorian Consulate.
- A PoA granted by the new owner bearing its current address, which needs to be duly legalized with Apostille or alternatively before the Ecuadorian Consulate.
Andean Decision 486 states that there is no loss of protection or basis for lack of use in cases where the use of a trademark in a different form than it was registered if the changes are only in secondary details or minimal features that do not alter the distinctiveness.
Popular Patent Questions
- Novelty.
- Inventive Step.
- Industrial application.
- Clarity of the description and claims
- Uses are not accepted for patentability
- Power of Attorney: Consular/Apostille Legalization and translations are required.
- Assignment documents: Consular/Apostille Legalization and translations are required.
- Abstract, specification figures and claims duly translated.
- Priority documents (PCT/Treaty applications): Consular/Apostille Legalization is not required.
Yes, the specification, claims, abstract, figures, etc., as well as the formal requirements, must be translated into Spanish. These do not need to be certified translations.
Yes, please mail these to:
Bermeo & Bermeo Law Firm
World Trade Center B-12,
Av. 12 de Octubre N24 - 528 y Cordero,
Quito, 170525
ECUADOR
Please send a scanned copy of the documents to trademarks@bermeolaw.com then, please submit to our physical address:
Bermeo & Bermeo
World Trade Center Bldg. Tower B 12th fl;.
Av. 12 Octubre y Cordero N24-528
Quito, ECUADOR
Yes, Patent Cooperation Treaty (PCT): 31-month deadline for entry into the national phase, counted as from the oldest priority.
Paris Convention: 12 months deadline as from the priority’s filing date.
First/current year annuities are to be paid a year in advance; for Priority/PCT applications, back-due annuities are to be paid at filing, counted as from the International Filing Date. Thereafter, yearly maintenance fees must be paid to keep the application/registration alive.
Upon expiration of the 6-month grace period, lack of annuity/maintenance payments results in the automatic and irrevocable lapsing of the application/registration.
Yes, it is possible.
This may result in savings when considering filing and examination fees on additional claims after Claim No. 10, or re-examination fees when considering the amount of pages in the application.
The timeline can vary, but on average, it takes about 4 to 6 years, approx., to obtain a patent in Ecuador.
Patent Prosecution Highway is not available in Ecuador.
Mainly, inventions whose commercial exploitation affects public order or morals; affects the protection of human or animal health or life, or for the preservation of plants or the environment (not solely because a legal or administrative provision that prohibits or regulates such exploitation exists).
Plants, animals and essentially biological processes for production of plants or animals except non-biological or microbiological processes; and therapeutic or surgical methods for human or animal treatment, as well as diagnostic methods applied to human beings or to animals; are also not patentable. Decision 486’s Art. 20.
As per Ecuador’s IP Law, Art. 273, the following are not patentable: product of polymorphs, metabolites, pure forms, sizes for particles and isomers which have not been investigated in Ecuador; nor the product of the genetic resources containing the biological diversity and the agro-diversity which have not been investigated in Ecuador.
Towards numeral 1 above, these, among others, are not patentable:
a. Cloning procedures of human beings;
b. The human body and its genetics;
c. The use of human embryos for industrial or commercial purposes; and,
d. Procedures for the modification of the genetic identity of animals when these cause suffering without any substantial medical benefit being obtained for humans or the animals.
And finally, as per Art. 267, traditional knowledge is not considered protectable material.
The following shall not be considered inventions as per Decision 486’s Art. 15:
a) discoveries, scientific theories, and mathematical methods;
b) the whole or part of live beings as found in nature, natural biological processes, biological material existing in nature, or such material that can be isolated, including genoma or germoplasma of any natural live being;
c) literary and artistic works or any other protected by copyright;
d) plans, rules and methods for exercising intellectual activities, games or economic-commercial activities;
e) computer software, as such; and
f) forms/manners of presenting information.
The following shall not be considered inventions as per Ecuador’s IP Law – EOCSEK, Article 268:
(…) 3. The new form of a substance, including salts, esters, ethers, complexes, combinations or other derivatives.
4. Polymorphs, metabolites, pure forms, particle sizes and isomers;
5. Uses and any new property or new use of a known substance or the utilization of a procedure or a machine or apparatus.
6. Genetic resources containing the biological diversity and the agro-diversity. (…)
More Questions? Contact Us