Registering a trademark in Ecuador is a process that involves conducting a preliminary search, filing an application, undergoing an examination by SENADI, and waiting for the publication and potential opposition period. If successful, the registration of your trademark will give you exclusive rights to use it in Ecuador for 10 years, renewable indefinitely. By following this guide and using the resources provided, you can take the necessary steps to protect your brand in Ecuador. Make sure to adhere to the requirements and guidelines to ensure a smooth registration process.
Step 1: Preliminary Search
The first step in the process is to conduct a preliminary search to ensure that your proposed trademark is not similar or identical to an existing one. The National Service of Intellectual Rights (SENADI) of Ecuador provides a database that you can use for this search. Access the database at this link: https://www.derechosintelectuales.gob.ec
Step 2: Application
If the search does not reveal any conflicting trademarks, the next step is to file an application with SENADI. The application must include a clear representation of the trademark and a list of goods or services to be covered by the trademark.
Step 3: Examination by SENADI
After receiving the application, SENADI will examine it to ensure that it complies with the requirements of the Intellectual Property Law. SENADI will also determine whether the trademark can be registered or if it infringes upon any existing trademarks.
Step 4: Publication
Once the application passes the examination, SENADI will publish the application in the Intellectual Property Gazette. This is to give third parties the opportunity to oppose the registration of the trademark. The opposition period lasts for 30 days from the date of publication.
Step 5: Registration
If no opposition is filed, or if any opposition is resolved in favor of the applicant, SENADI will proceed with the registration of the trademark. The applicant will then receive a certificate of registration.
Costs:
The official fee for filing a trademark application is approximately USD 500 (as of 2023). If the application is successful, there is an additional fee for the issuance of the registration certificate. Please note that these fees are subject to change and it's recommended to check the latest fees on the SENADI website.
Time-frame:
The entire process, from application to registration, usually takes between 12 to 18 months, provided that there are no objections or oppositions.
Website Links:
National Service of Intellectual Rights (SENADI): https://www.derechosintelectuales.gob.ec
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