Region: Ecuador

Registered rights versus use in the market in opposition proceedings

The goods protected by a trademark registration cannot be restricted ex officio in opposition proceedings where the law provides for specific legal proceedings to this effect.

10 May 2023

Legislation and IP policy watch: the current state of play (December 2022)

WTR’s monthly column tracking trademark and related policy developments, including the progress of major bills, from around the world.

01 December 2022

Caterpillar successfully opposes registration of FUNKY CAT based on its CAT mark

SENADI upheld oppositions against applications for the mark FUNKY CAT in Classes 9, 35 and 37 on the ground that there was a likelihood of confusion or association with the mark CAT.

17 November 2022

SENADI refuses to register mark in Class 41 on the ground that it would affect Netflix’s rights

SENADI considered that there was a likelihood of confusion or association between the mark CHOLOFLIX and Netflix Inc’s earlier mark NETFLIX, which both covered Class 41 services.

11 August 2022

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

Featured in IP office 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

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