How and where to register a trademark in Ecuador

Registering a trademark gives its owner the exclusive right to prevent third parties from commercializing identical or similar products with that name or symbol, or using a mark so similar as to create confusion.

The National Service for Intellectual Rights (Senadi) indicates on its official website that “A brand is a sign that distinguishes a service or product from others of the same class or branch. It can be represented by a word, numbers, a symbol, a logo, a design, a sound, a smell, a texture, or a combination of these”.

In Ecuador there was an increase in the registration of trademarks in 2020 and 2021. According to figures from Senadi, in 2019 there were 12.289 national brand orders and 7.061 foreign; in 2020, the national ones rose to 12,445 and the foreign ones fell to 6,328; while in 2021 (cut to November), the local ones exceeded the numbers of 2019 with 12,725 and the foreign ones recovered reaching 6,964.

In the last years of the pandemic, the registration of local brands grew, mainly from entrepreneurs

The areas in which there was an increase in trademark registration requests were in the food, medicine (including vitamins and dietary supplements) and hygiene and cleaning services.

How do I register a trademark?

To register a trademark it is necessary to make a phonetic Search, that will allow us to verify if there are in Ecuador identical or similar trademarks to the one we intend to register, or that are already registered previously.

This procedure has a cost of $16 and can be done online via email foneticoquito@senadi.gob.ec.

• How long does the process and protection take?

The processing of applications for registration, registration or granting of trademark rights It has a cost of $208. The protection of the brand has a duration of 10 years, and being renewable indefinitely, the renewal can be done between six months before and six months before the expiration date.

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The registration of a trademark can last from six to nine months; According to the documentation that the business owner has delivered, the more complete and fewer errors it has, the shorter the process. The registration process includes an appeal stage in which all the owners of one of them can present objections.

• Trademark registration procedure

First phase

1. Enter the SENADI page: www. derechosintelectuales.gob.ec.
2. Select PROGRAM/SERVICES.
3. enter option VIRTUAL BOX.
4. Fill in the information requested in the VIRTUAL LOCKER (If you are a natural person, put your data with your citizenship card number and if you are a legal person, put the data with the RUC of the company).
5. Once you have completed this procedure, the username and password will be sent to your email; as well as a link to MY LOCKER to proceed to change the password; getting your virtual locker.
6. After having performed this procedure; Back to the main page; and you can enter ONLINE APPLICATIONS.
7. Login with your username and password.
8. Enter the option PAYMENTS.
9. Option PROCEDURES NOT ONLINE.
10. Option GENERATE PROOF.
11. A template is displayed that you have to fill in the data; they ask you to enter the code or at least 3 characters of the Pay Rate description: (enter code 1.1.10.).
12. Enter the data and button GENERATE PROOF.
13. Print the receipt.
14. Go to BANK OF PACIFIC to pay the fee of $16 or make the payment online (User Manual).
15. Scan payment receipts (both the one you printed from the IEPI, and the one they gave you at the Banco del Pacífico after paying).
16. Send via email to the following address foneticoquito@senadi.gob.ec, as well as the EXACT BRAND NAME, you want to check.
17. Se the will send the report search to your email.

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Second level

1. once you check the list of brands, that the name of your brand is not registered or in the process of being registered.
2. Access online applications with your user and password.
3. Option REGISTRATION.
4. From the list choose the option REQUEST FOR DISTINCTIVE SIGNS.
5. And proceed to fill in the template that will be displayed in the system with your brand data.
6. After you have entered the data.
7. Button SAVE.
8. Button PREVIEW.
9. Button GENERATE PROOF OF PAYMENT, which has a cost of $208.
10. Cancel at Banco del Pacífico.
11. Icon START OF PROCESS. (I)