Region: Ecuador

Trademark confusion: a latent risk even for specialised consumers

SENADI has found that there was a risk of confusion between the mark BIOVET and the earlier mark BIOVET (and design) for goods in Class 5, even among consumers who are specialised in these types of products.

05 May 2022

Controversial SENADI proceedings highlight need to fight corruption within the authority

The case created controversy when it emerged that the agent who had filed the mark at issue was the SENADI director who decided on the matter.

10 February 2022

Changes to border measures and IP crimes: what you need to know

A reform of Ecuador’s IP laws came into force on 27 August 2021, providing greater efficiency in prosecuting IP crimes and correcting previous flaws in the border measure system.

05 October 2021

Foreign companies as IP holders in Ecuador

Third-party appropriation of internationally famous trademarks is a problematic phenomenon in Ecuador. Some clarification by the Court of Justice of the Andean Community would arguably be welcome.

14 July 2021

Innovation at the Ecuador Institute of IP: spotlight on non-core tools and services

In exclusive insights, the general director of the Ecuadorian Institute of Intellectual Property (SENADI) reveals the innovative non-core tools and services the registry offers for trademark users – and some of those planned for the future.

03 May 2021

Stricter requirements for proving use of a trademark through invoices

The National Service of Intellectual Rights of Ecuador has recently issued several resolutions which have radically changed the criteria for using invoices as proof of use.

15 January 2021

The fact that two marks cover different classes is not a determining criterion when examining the risk of confusion

This case, which saw Discovery Communications LLC prevail on appeal, confirms that the fact that two marks fall within different classes does not necessarily imply an absence of confusion or association among consumers.

30 September 2020

Defending against bad-faith applications in the Andean region

Protecting brands against parasitic trademarks can raise numerous challenges in Bolivia, Colombia, Ecuador and Peru – but there are ways to overcome them.

08 July 2020

Custodial sentences handed down for the distribution of counterfeit pharmaceuticals

Six persons involved in the counterfeiting of pharmaceuticals have been handed prison sentences in Ecuador. Multinational pharmaceutical corporation Pfizer intervened in this case.

28 April 2020

IP Office overturns problematic lower-instance decision on recognition of English-language terms

In a victory for US media company Discovery Communications LLC, the Ecuadorian IP Office has overturned its prior finding that the English terms ‘animal’ and ‘planet’ would not be easily understood by the general Ecuadorian public.

16 January 2020

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