Trademark Renewals and Trademark Maintenance – Ecuador
In 2016 the current Ecuadorian Trademark Law, which came into force, establishes a 6-month grace period for the renewal of trademark registrations. The distinctive feature is that the law does not establish additional fees for filing within the grace period.
In Ecuador, proof of use or a declaration of Use is not required at the time of renewal. However, the Trademark Law requires the use of the mark within 3 years from the date of registration or the registration may be subject to cancellation actions filed by third parties.
The only defense against a cancellation action for non-use is to present evidence of the use of the mark within Ecuador or the Andean Community. In the latter case, proof of use showing that the goods or services are exported from a country part of the Andean Community to Ecuador is particularly useful.
Parallel exports are also acceptable as proof of use, even if the import activity is handled through an unrelated third party. Examples of this are items purchased online from third-party sellers.
For further information, advice or follow-up please contact us, or if you require assistance or information for any of the countries in which we provide services:
Mexico, Guatemala, El Salvador, Honduras, Nicaragua, Costa Rica, Panama, Colombia, Bolivia, Peru, Argentina, Uruguay, Paraguay, Belize, Dominican Republic, Cuba, Haiti, Venezuela.