Trademarks


Trademarks in Ecuador

Ecuador is a first-to-file country, a trademark owner must file for a trademark registration in order to obtain protection. The latest edition of the Nice Classification is enforced. International applicants may also claim priority if their mark is filed in Ecuador within 6 months of the country of origin. Registrations are valid for 10 years and may be renewed indefinitely.

Our expertise and high diligence make the procedures before the Intellectual Property Office seem flawless. Bermeo is the most efficient and one of the top trademark filers in the country. Our unique software and docketing system allows us to dynamically handle large volumes of applications for companies with important trademark portfolios.

We offer services in all Latin American countries through our network of associates. 

 Registration procedure

  1. Search (advisable)
  2. Application
  3. Formal exam
  4. Publication (IP Gazette)
  5. Opposition period (30 business days)
  6. Registrability examination
  7. Registration

  

Manchester United scores against #hashtag

 #Hashtags protected as trademarks have been arising uncertainty worldwide, Manchester United Limited opposed to the registration of #WE ARE UNITED EC.

A combination of two registered marks is still an infringement

In Consolidated Artists B.V. v. Marroquinera S.A. the IP Office held that a combination of two registered marks resulting in a confusingly similar mark is not subject to registration.

Boomerang Protection

SPEEDO Holdings B.V. filed an opposition against a local textile manufacturer who seeked protection for a similar boomerang device. The IP Office decided that even though the counterparty set out very detailed differences between the designs, the examination needed to see the marks as a whole, from the consumer's point of view, and rejected the application.

Subway vs Surfway

In Doctors Associates Inc. v. Surfway, a riptide of C&D letters, and an administrative infringement action was needed to confirm the removal of the infringing SURFWAY restaurant in one of Ecuador's main surf villages, Montañita.

ECUADOR: IP Appeal Board Says Rolling Stones Copyright Trumps Trademark Application

A group of “hardcore” fans called “Boca del Pozo,” supporting one of Ecuador’s main soccer teams, filed a trademark application for a design that “dressed” the famous Rolling Stones’ LIP AND TONGUE DESIGN with their team’s colors.