Registering your trademark in Ecuador is essential for building and protecting the commercial identity of your business. A registration grants exclusive rights, helps prevent competitors from using similar signs, and strengthens your brand’s value in both local and international markets.
Ecuador is a first-to-file jurisdiction, which means that trademark rights are obtained only through registration. Simply using a trademark in Ecuador does not grant exclusive rights. Only in exceptional cases involving famous or well-known trademarks can certain actions be brought without a prior filing.
To secure protection, your application must be filed before the Ecuadorian Institute of Intellectual Property IEPI. During examination, the office will review the application and publish it so that third parties may file oppositions.
Although prior use is not required to file or obtain a registration, it can be strategically helpful. If the examiner objects to your trademark for lack of distinctiveness, providing evidence of commercial use may help demonstrate that the mark has acquired distinctiveness through use.
For trademarks containing figurative or design elements, applications in Ecuador are filed by default without a claim to color. If you want to protect specific colors, you must request a color claim explicitly. In that scenario, both the use and the legal protection of the trademark will be limited to the claimed colors, and additional fees may apply.
If you register a combined trademark (word + logo), your exclusive rights will apply only to the exact configuration as filed and registered. If you also need independent protection for the word element or the figurative element, filing additional trademark applications is recommended.