Trademark Registration Process

Registering your trademark with the appropriate authorities provides stronger legal protection. Under Decision 486 of the Andean Community, the process involves a comprehensive examination of existing trademarks and an assessment of your mark’s distinctiveness.

The Registration Process

1. 1. Trademark Search (Recommended)
      Ensure your desired mark is available and unique by conducting a thorough trademark search.
   2. Application
      Start the registration process by submitting your application. Ecuador adheres to the latest Nice Classification for goods and services, permitting the protection of class headings. In Ecuador, multi-class applications are not accepted, so filing separately for each class. Priority can be claimed within a six-month window from the date of the initial application.
      Advantageous Filing Process: Ecuador’s trademark filing process allows you to submit the application completing the documentation at a later stage.Filing Requirements:
      Official Fee: includes the filing fee.
      1. Official Fee: includes the filing fee.
      2. High-Resolution Logo (.png or .jpg, min 250×250 pixels).
      3. Comprehensive description of the goods or services to be protected.
      4. Full Name and Address of Applicant.
      5. Legalized Power of Attorney with Apostille (if applicable). One Power of Attorney (PoA) per applicant is typically sufficient.
      6. Priority: Include a certified copy of the foreign application if claiming priority.
   3. Formal Examination
      The Intellectual Property Office (IPO) ensures the application’s accuracy, correct classification, and documentation completeness. In cases where discrepancies or deficiencies are identified, an office action will be issued, requiring necessary corrections or amendments.
   4. Publication (IP Gazette)
      Once the application is deemed complete and compliant, it proceeds to publication in the Intellectual Property Gazette.
   5. Opposition Period (30 Business Days)
      During this period, interested parties may file objections to the registration.
   6. Registrability Examination
      The Intellectual Property Office conducts an examination to assess the registrability of the trademark.
   7. Allowance
      If no issues arise, the IPO issues an allowance, officially granting the mark for 10 years.
   8. Registration
      Finally, the registration certificate is electronically issued.

At Bermeo, our expertise and high diligence streamline the procedures conducted by the Intellectual Property Office, ensuring a seamless process.