Trademarks, Service Marks, 3d Marks, Trade Names, Trade Dresses, Famous or Well-Known Marks

Trademark clearance and watch services Our software and up-to-date databases permit us to conduct our trademark searches and watch services  in-house. Our analysis includes trademark availability and chances of success. Results are carefully studied to provide the clients only with relevant information. Our practice also includes investigations of prior use, trade name and business name searches.

Power of Attorney Official Fees More information

Trademark Filing, Trademark Prosecution, Trademark Maintenance and Trademark Renewals

Bermeo’s unique software and docketing system allows us to efficiently handle large volumes of applications for companies with important trademark portfolios. We handle applications, recording of assignments, mergers, licenses, agreements, changes of name, changes of address, security interests, registry updates and renewals. Our software helps our highly experienced attorneys to ensure the broadest protection and to avoid unnecessary and costly office actions or oppositions. Our expertise and high diligence make the procedures before the Intellectual Property Office seem flawless, thus Bermeo is the most efficient and one of the top trademark filers in the country.

We offer services in all Latin American countries through our network of associates.

Trademark Registration Procedure

The average time for an application to mature into registration is ordinarily 12 months.
When the application is filed, it is checked for completeness; approved applications are published in the monthly IP Gazette. If after 30 working days no opposition is filed, the Trademarks Director examines the mark for registrability and if no marks are cited, the registration certificate is issued.

Trademark Filing Requirements in Ecuador (fax or e-mail instructions are acceptable)

• -  Power of Attorney legalized with Apostille. If the applicant is a corporation, it must provide proof of its status as a legal entity. One power is enough for one or more simultaneous or further applications.
• - Sample of the design mark, preferably in .png or ,jpg format at minimum 250x250 pixels.
• - Description of the goods or services to be covered, per the International Classification of Nice.
• - Claiming Priority: Local application must be filed within six months as from the first application date.
  • - Certified copy of the foreign application must be filed within 60 working days.
  • - Documents not in Spanish must be officially translated. (can be done locally).
• - Official Fees
  

Oppositions and Litigation

Our practice covers all matters regarding Oppositions, Cancellation Proceedings (on grounds of lack of use, famous trademark, vulgarization of a mark, annulments of illegal registrations), Administrative Reviews (repositions), Appeals, Judicial Reviews (Contentious-Administrative Courts), Arbitration, and out-of court settlements, unfair competition. We have a very good rate of success due to high expertise, great research and strict focus on the issues.

In infringement cases we are known to litigate vigorously until the illegal use stops or the counterfeit goods are seized. Some of the actions are either sending cease and desist letters, injunctive relief, border protection actions, or filing administrative, civil or criminal complaints.

Intellectual Property Transacting

We provide legal counseling for Intellectual Property transactions such as licensing, franchising, or distribution agreements. We also assist in the negotiation with the local parties, investigations, and recording agreements at the official registers. (See Commercial IP Transactions)

Related article: Trademark Licensing in Ecuador

[More Information]