Quevedo & Ponce - Legal News
Trade Dress in Ecuador
- September 19th, 2025
- Quevedo & Ponce
Trade dress, also known as apariencias distintivas, is a non-traditional distinctive sign that protects the shape, design, combination of colors, arrangement, and other external elements that make a product or establishment recognizable in the market.
In Ecuador, this concept is regulated under Articles 426 and 427 of the Organic Code of the Social Economy of Knowledge, Creativity and Innovation (COESCCI) as well as Articles 235 and 236 of the Intellectual Property Law, where trade dress is defined as:
“Any set of colors, shapes, presentations, structure and distinctive designs characteristic of a commercial establishment, which identify and distinguish it in the provision of services or sale of products.”
Like commercial names, trade dress follows a regime based on effective use in the market. This means that its protection does not depend solely on registration, but also on its real use that makes it recognizable to consumers.
Protectable Elements
Trade dress may include:
- Packaging and containers (e.g., bottles, boxes with distinctive designs).
- Three-dimensional product shapes (such as the particular silhouette of a glass bottle).
- Store decoration and layout (colors, furniture or interior design that create identity).
- Visual combinations of colors, shapes or presentations that allow differentiation in the market.
Requirements
For trade dress to be protected in Ecuador, it must meet the following criteria:
- Distinctiveness: consumers must associate it with a specific business origin.
- Novelty: it must not be a copy or imitation of already existing presentations.
- Non-functionality: it cannot rely on technical or essential product features.
- Identifiability: it must generate differentiation in the market.
Más Artículos
IESS and Enforcement Actions: The Constitutional Court Shields Shareholders and Bans Administrative Travel Restrictions
Constitutional Court Ruling 3364-21-EP/25 protects shareholders from IESS enforcement measures, prohibiting administrative travel bans and personal liability without judicial intervention. The decision strengthens corporate legal certainty and upholds the binding precedent 22-13-IN/20
Geographical Indications: Value and Protection of Origin
Geographical indications (GIs) are a form of intellectual property protection that recognizes the link between a product and its place of origin. They ensure that the product’s characteristics, quality, or goodwill derive from its geographic environment, helping preserve authenticity, strengthen the local economy, and protect the cultural heritage of communities.
Corporate Transformation and Sports Joint Stock Companies: Effects of the Constitutional Court Decision that Invalidated the Organic Law of National Solidarity
The Constitutional Court of Ecuador declared the total unconstitutionality of the Organic Law of National Solidarity, determining that it was enacted in violation of the principle of unity of subject matter and the ordinary legislative procedure. This decision nullifies the obligations imposed upon Simplified Stock Companies (S.A.S.) and Sports Joint Stock Companies (S.A.D.), restoring the previous regulatory framework and reaffirming both the supremacy of constitutional review and the need of maintaining normative coherence within the Ecuadorian legal system.
Mediation: An effective and legal way to resolve conflicts in Ecuador
Mediation is a conflict resolution process whereby the parties, assisted by a neutral third party called a mediator, seek to reach a voluntary agreement on a negotiable matter, in an extrajudicial and definitive manner. This mechanism promotes fast, confidential, and fair solutions that have the same legal validity as a final judgment, fostering dialogue and a culture of peace in Ecuador.
New Rules for Communal and Savings Funds: A Framework of Control and Transparency
The Superintendence of Popular and Solidarity Economy (SEPS) has established new rules for the incorporation, governance, and liquidation of communal and savings funds, effective as of November 20, 2025. This regulatory framework strengthens the transparency, monitoring, and financial security, ensuring that these community-based entities can manage resources, grant loans, and contribute to the development of the popular and solidarity economy.


