ECUADOR: URL Blocks—SENADI Drafts Procedure for Preliminary Injunctions to Safeguard IP in the Digital Environment
Intellectual property (IP) owners in Ecuador now have clear protocols for requesting URL blocks as preliminary injunctions. Resolution No. 003-2024-DG-SENADI, which the Ecuadorian National Intellectual Property Service Agency (SENADI) issued on June 10, 2024, contains technical standards to be adopted in preliminary injunctions when protecting IP rights in the digital environment. Plaintiffs seeking preliminary injunctive […]
...Desistimiento Expreso en Garantías Jurisdiccionales – Sentencia1256-18-JP/23
El 20 de diciembre de 2023 la Corte Constitucional del Ecuador (CCE) emitió una sentencia vinculante para casos análogos futuros, sobre la obligación de los jueces constitucionales ante el desistimiento expreso, por cuestiones de carácter personal, de un recurso o una acción en el marco de una garantía constitucional. A continuación el criterio de la […]
...BLACK DAYS
The Ecuadorian IP Office rejected three oppositions filed on the grounds of trademark BLACK DAYS against one of the largest Ecuadorian drug store chains for BLACK FYBECA DAYS AND DESIGN in classes 03, 05, and 44. The IP Office verified the ownership of the BLACK DAYS mark to protect general services in class 35. When […]
...Status Report on the Protection Against Unfair Competition in WIPO Member States
Yesterday, November 22, 2022, in Geneve, Switzerland, Mr. Marcus Höpperger on behalf of the World Intellectual Property Organization – WIPO presented the “Status Report on the Protection Against Unfair Competition in WIPO Member States. This report was commissioned by WIPO and “prepared by Martin Senftleben, Professor and Director, Institute for Information Law (IViR),University of Amsterdam, […]
...Nokia Bootup Tune
Non-traditional marks are one of the many ways that brands can be protected. Whenever a sound reminds you of a product or service of certain business origin, it is likely a trademark. In the Andean Community, non-traditional marks may be protected as long as they can be graphically represented and the combination of different […]
...Famous and Well-Known Marks Committee Publishes Survey Database on Registries
Contributors: Rodrigo V. Bermeo-Andrade, Bermeo & Bermeo Law Firm, Quito, Ecuador INTA Famous and Well-Known Marks Committee. Ms. Lisa Yong, Indonesia Country Manager Rouse, Jakarta, Indonesia In 2005, INTA issued a Board Resolution establishing guidelines for countries electing to establish famous and well-known marks (FWKM) registries so they could adopt certain practices—clearly outlined in the […]
...Legal Practice 101
One hundred and one years ago, our founding partner, Dr. Vicente Bermeo Lañas was born in Guayaquil, Ecuador. He achieved his law degree thanks to his mother’s support to have a professional in the family. He accomplished her wishes when founding one of the leading international practice law firms before being appointed as a Supreme […]
...ANDEAN COMMUNITY: Guidelines Issued on Examination of 3D Marks
Bermeolaw is a leading firm when protecting non-traditional marks such as tridimensional trademarks. We have recently obtained Registration No. 5805-2022 for BVLGARI’s SNAKE HEAD design used for their Serpenti collections and Registration No.20-2022 for the combined 3D trademark for SOMETHING SPECIAL PACKAGING in the name of HILL THOMSON & CO., LIMITED. These applications were filed […]
...Nice Classification
Today is the 65 th anniversary of the Nice Agreement which was created on June 15, 1957. This agreement classifies the different products and services that are protected by trademark registrations in 45 classes. The Nice Classification is adopted by most countries worldwide. A Committee of experts edits the classification every 5 years and publishes […]
...Trademark Use
Our marketing and commercial team have updated the trademark design, do we need to file a new registration? Andean Decision 486 states that “there is no loss of protection if the trademark is used in a different form than it was registered when the changes are only in secondary details or minimal features that do […]
...Copyright appropriation sent for review…
Ecuador scores a double win and qualifies to world standards. Initially, the Ecuadorian IP Office committed a foul by forgetting that copyrights are protected from their creation. After a 2 year process, and a review of the play, both the Ecuadorian Football Team and the IP Office respectively achieve the classification to the World […]
...Ecuadorian IP Office’s position on position marks.
Consumers can determine the source of a product by the way distinctive elements are consistently placed in the goods. While caselaw develops for protection of these non-traditional marks, brand owners struggle to protect them in developing countries. Read on to find out if Ecuador has a position on protecting position marks. Ecuadorian IP Office’s position […]
...Apostille legalizations
Apostille Legalizations in Ecuador – Legalizaciones con Apostilla en Ecuador The Ecuadorian Department of Foreign Affairs started issuing electronic Apostille legalizations. The procedure is still handled in person by appointment but the legalization is issued electronically. The authenticity of the legalization may be verified online using the validation code issued with each document. As agencies […]
...Radio La Red Onda FM vs La Radio Redonda
ECUADOR. Intellectual Property Appeal Board deemed proving continuous and good faith use is mandatory in order to claim previous rights over a trade name. On August 27, 2020, the Intellectual Property Appeal Board in Ecuador confirmed a decision that rejected the registration of LA RADIO REDONDA + LOGO in International Class 38. Applicant, RADIODIFUSORA PARAISO […]
...Entrepreneur’s Guide
By: Belen Rivera The pandemic has highlighted the great entrepreneurial potential that Ecuadorians have. In fact, Ecuador fights for the first places in entrepreneurship in the region. In this article we offer you several tools that will allow you to protect your time and investment, making your business prosper avoiding inconveniences. Your brand defines you. […]
...Summary of new Ecuadorian standards related to COVID 19
Dear clients and friends, Due to the situation that is being experienced worldwide in relation to the COVID-19 pandemic, countries around the world have implemented a series of policies that definitely affect the development of social interactions. In this context, Ecuador has also issued a series of regulations that influence several areas of citizens’ lives […]
...ZOOMing in on Financial Tickers and IP
Contributors: Thomas W. Brooke, Holland & Knight LLP, Washington D.C., USA, Rodrigo V. Bermeo-Andrade, Bermeo & Bermeo Law Firm, Quito, Ecuador Mr. Brooke is a member of the International Amicus Committee and Mr. Bermeo-Andrade is co-chair of the INTA Bulletins—Latin America Subcommittee. The recent COVID-19 outbreak caused the stock markets to take deep plunges and […]
...Coronavirus COVID-19 Intellectual Property Matters
Dear Clients and Friends, Due to the sanitary emergency caused by COVID-19, the Ecuadorian government has partially resumed services after the lockdown and the deadline suspension has ended. At BERMEO & BERMEO our main priority is the health of our team, the society and our clients. Since we have the software and capability to do […]
...Prosecution Highlights 2019
We wish you a Happy and Prosperous 2020. These are some of the trademarks we renewed during 2019. Congratulations to our clients on their registration anniversaries! 5040 202 201 101 102 Congratulations to our clients that obtained registration certificates in our region in 2019
...MEDICINAL CANNABIS – Foreign applicants blaze to the IP Office to secure trademark registration. All puns intended.
Contributor: Rodrigo V. Bermeo-Andrade, Bermeo & Bermeo Law Firm, Quito, Ecuador INTA Bulletins Law & Practice—Latin America Subcommittee Verifier: Santiago Cevallos Mena, General Director – Ecuadorian Service for Intellectual Property (SENADI) The Ecuadorian Legislature passed a bill on September 23, 2019, decriminalizing the use of marijuana for medical and therapeutic purposes. The bill is part […]
...Manchester United scores against #hashtag
Bermeo successfully represented its client Manchester United Limited, in opposition proceedings against an infringing application for the registration of trademark # WE ARE UNITED EC. #Hashtags as trademarks have been arising uncertainty worldwide. Like other trademarks, a hashtag can be registered as a trademark only if it fulfills all the requirements arising from relevant trademark […]
...Telecommunication’s infrastructure
A North American company with operations in Central America invested US $150 Million in cellphone towers and infrastructure. Bermeo was hired to provide a thorough assessment to enter the country. The initial work involved counselling in different areas like company formation, contract negotiations, corporate planning, labor law, taxing, regulation compliance. The North American company initially […]
...Bolivia enters Hague Convention
BOLIVIA: Entry to the Hague Apostille Convention, Trademark Prosecution, and Regional Evidence of Use in Cancellation Proceedings Contributors: Ana Valeria Escobar R., Meliora IP SC, La Paz, Bolivia, and Rodrigo V. Bermeo-Andrade, Bermeo & Bermeo Law Firm, Quito, Ecuador Rodrigo V. Bermeo-Andrade is a member of the INTA Bulletins Law & Practice—Latin America and Caribbean […]
...How the CrossFit Trademark Avoids Genericide
Interview: How the CROSSFIT Trademark Avoids Genericide Rodrigo V. Bermeo-Andrade, Bermeo & Bermeo Law Firm, Quito, Ecuador INTA Bulletins—Latin America and Caribbean Subcommittee. Federico Berger, Buenos Aires, Argentina Famous and Well-Known Marks—Latin America and Caribbean Subcommittee. INTA’s Famous and Well-Known Marks—Latin America and Caribbean Subcommittee (FWKM, Latam SC) researches and advises on how famous marks […]
...A combination of two registered marks is still an infringement
Bermeo successfully represented its client Consolidated Artists B.V. in opposition proceedings against Marroquinera S.A’s trademark applications for figurative trademarks M H MARIO HERNANDEZ comprised of the words MH, MARIO HERNANDEZ and a UNICORN DESIGN. In March 2018 the Ecuadorian Intellectual Property Office (IEPI) confirmed its earlier decision and held that the applied trademark would be […]
...Venezuela, SAPI Suspends Collection of Official Fees for Foreign Companies
VENEZUELA: Hit by Hyperinflation Exchange Rates, SAPI Suspends Collection of Official Fees for Foreign Companies Contributor: Rafael A. Márquez L., Marquez & Marquez, Caracas, Venezuela Verifier: Angel Gabriel Viso, Escritorio Viso, Rodríguez, Cottin, Medina, Ramírez & Asociados, Caracas, Venezuela The recently enacted Exchange Rate Agreement No. 39 between the Venezuelan government and the Central Bank […]
...Andean Community: Enforcing a Famous Mark Without Use
ANDEAN COMMUNITY: Enforcing a Famous Sign Without Use Contributor: Rodrigo V. Bermeo-Andrade, Bermeo & Bermeo Law Firm, Quito, Ecuador Verifier: Nidia Osorio, Barrios Montenegro Abogados, Bogotá, Colombia Mr. Bermeo-Andrade and Ms. Osorio are members of the Famous and Well-Known Marks Committee—Latin America and Caribbean Subcommittee. On February 23, 2017, the Colombian Superintendency of Industry and […]
...Juan Valdez – A Well Known Brand
Superintendence of Industry and Commerce declares JUAN VALDEZ®, as a NOTORIOUS trademark in Colombia. – Notorious trademarks are those that are widely recognized by consumers and enjoy special protection against those who imitate them in different types of products and services. – JUAN VALDEZ® had already been declared by the SIC as a notorious trademark […]
...Advertising Law In Ecuador
There is no specific law regulating all aspects of advertising in Ecuador. However the Constitution lays out fundamental principles that apply to advertising. Advertising is also regulated by the Consumer Protection Law and Regulations, the Childhood and Adolescence Protection Laws, and various ordinances. The advertising industry also self-regulates by voluntarily adhering to the Ecuadorian Code […]
...Pisco Chile vs Pisco Peru
Peru and Chile have a long-standing dispute in which they claim, with certain differences, that their respective country should be the sole producer of the grape brandy, pisco. This battle for ownership of the appellation of origin also involves a discussion in regards to the process of fabrication, quality and flavour of the aguardiente. The […]
...Chopin Vodka Secures TM Protection
Polmos Siedlce secured registrations for its well-known marks CHOPIN VODKA after an initial rejection for alleged violation of Frédéric Chopin’s name and likeness. The IP Appeal Board reversed the decision, granted the registrations and sets a new precedent in Ecuador. Polish company Polmos Siedlce, producer of Chopin vodka, protected internationally by trademarks Chopin and Chopin […]
...Licensing in Ecuador
Whether or not to record a license agreement before the Ecuadorian Trademark Office is governed by a contradiction between Andean laws, case law and local laws. Maintaining the register up to date is not only a legal requirement, but also very important when dealing with cancellation actions, issues of standing and with third parties in […]
...Patent Annuities
New Patent Annuity Regulations in Ecuador increased maintenance fees and changed the payment deadlines, annuity number and amount to pay. Changes affect granted patents, new and previously filed applications. It is very important to establish the new rules to avoid the abandonment of the patents. Changes to Annuity Payment Regulations On June 1, 2010, the […]
...Rolling Stones v. Boca del Pozo
Bermeo successfully represented Musidor B.V., the Dutch agent of the Rolling Stones, in an opposition against Boca del Pozo for an infringing trademark application on the Stones’ famous “Tongue and Lips” trademark. Boca del Pozo is an association of fans that follows the well known Ecuadorean soccer team Emelec. In 2009, Boca del Pozo submitted […]
...Lego Group v. Consorcio del Pichincha
Bermeo successfully represented the Lego Group in an opposition against Consorcio del Pichincha for infringing trademark applications of a design consisting of a car completely built by LEGO Blocks. Consorcio del Pichincha is a major company in the financial industry which provides credits and loans to acquire automobiles. The company launched a new project called […]
...Telefonica v. Telefonica Ecuaphone
In an unprecedented case in Ecuador, TELEFONICA from Spain files suit to change the company name of TELEFONICA S.A. ECUAPHONE. The IP Office ordered the Companies’ Superintendence and the defendant to cease use of the name and set a deadline to adopt a new company name. On the risk of being terminated, the company had […]
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