Quevedo & Ponce - Intellectual Property
The protection and defense of intangible rights are part of Quevedo & Ponce’s long tradition.
We provide assistance beyond the handling of procedures and monitoring of intellectual property rights, including best practices for your safeguarding in commercial aspects, and actions permitted by law for their effective defense.
Trust in the Experts
Areas of Practice
Trademark Protection
Trademarks in Ecuador
Ecuador is the first country in the process of filing an application; therefore, the owner of a trademark must apply for trademark registration to obtain protection. The latest edition of the Nice International Classification is applied. International applicants can also claim priority if their trademark is filed in Ecuador within 6 months of the registration in the country of origin. Registrations are valid for 10 years and can be renewed indefinitely.
Our experience and great diligence make the procedures before the Intellectual Property Office appear flawless. Quevedo & Ponce is the most efficient and one of the main trademark filers in the country. Our exclusive software and registration system enable us to dynamically handle large volumes of applications for companies with significant trademark portfolios.
We offer services in all Latin American countries through our network of associates.
Registration Procedure:
- Search (advisable)
- Application
- Formal examination
- Publication (IP Gazette)
- Opposition period (30 business days)
- Registrability examination
- Registration
Trademark Application
Ecuador follows the latest edition of the Nice Classification of goods and services, and protecting class headings is possible. Since there are no multiple class applications, it is necessary to submit a single application per class. Priority can be claimed within six months following the first application. The application can be filed immediately, and documentation can be completed later.
Submission Requirements:
- Official fee
- Logo (.png or .jpg, minimum 250×250 pixels)
- Description of goods/services
- Full name and address of the Applicant
- Legalized Power of Attorney with Apostille:
- Companies must provide proof of legal status
- One PoA per applicant is sufficient
- Priority: certified copy of the foreign application
Formal Examination:
The IP Office will verify that the application is correctly filed, that the products/services are properly classified, and that the documentation is complete. An office action will be issued requesting the PoA, Priority document, or for corrections or amendments. The deadline is 60 days from the date of notification, with the possibility of extension. Once the application is completed, it will be published in the Intellectual Property Gazette.
Infringement and Litigation
Our practice covers all stages of oppositions, cancellation proceedings (for non-use, famous marks, trademark dilution, cancellations of illegal registrations), arbitrations, out-of-court settlements, and unfair competition.
We have a very high success rate due to our extensive experience, thorough research, and strict focus on the issues.
In cases of infringement, we are known for vigorously litigating until the illegal use ceases or counterfeit products are seized. Some of the actions we take include sending cease and desist letters, precautionary measures, border protection actions, or filing administrative, civil, or criminal complaints.
Maintenance and Renewals
A trademark is protected for ten years from the registration date and can be renewed indefinitely. The renewal application must be filed six months before the expiration date or during the six-month grace period after its expiration.
We handle applications, assignments, mergers, licenses, agreements, name changes, address changes, real guarantees, updates, and registry renewals.
We provide legal advice for Intellectual Property transactions such as licenses, franchises, or distribution agreements. We also assist in negotiating with local parties, conducting investigations, and registering agreements in official records.
Trademark Filing and Monitoring Service
It is advisable to conduct a prior consultation of the registry to avoid official actions or oppositions. In some cases, searches for prior use, trade name searches, and commercial denomination searches are also advisable.
Our software and proprietary databases allow us to conduct our trademark searches and monitoring services internally. The results are carefully studied to provide clients with only relevant information.
The search report we provide includes an opinion on the availability of the mark and the likelihood of success. Our service includes monitoring and suggestions to enhance the chances of registration.
Types of Protection
Word, Design, or Word+Design Marks
3D Marks
Certification/Collection Marks
Trade Names
Trade Dresses
Non-Traditional Marks
Geographical Indications
Famous and Well-Known Marks
Quevedo & Ponce Law Firm is a leader in obtaining protection for special types of marks. We obtained the first registrations of Designations of Origin in the country: CAFÉ DE COLOMBIA Reg. No. I-001-2006 and HABANOS, Reg. No. I-002-2010, and now we have added protection for COGNAC as well as several GIs for Colombian Coffee.The highly specialized team at Quevedo & Ponce is the first choice for companies requiring assistance in the protection of their designations of origin, geographical indications (GIs), certification marks, or collective marks.
Invention Protection
Patents in Ecuador
The Intellectual Property team at Quevedo & Ponce is fully bilingual and has legal expertise and knowledge across a wide range of industries. We represent major corporations and provide assistance to independent inventors, multinational companies, universities, governments such as Israel, or government agencies like the USDA.
Our Firm is consistently recognized as a leading patent practice in Ecuador and throughout Latin America. We are the recipients of the World Leaders International IP Awards for Latin America in Excellence in Patents.
Ecuador allows for the filing of both national patent applications and PCT applications. The requirements for a patent include novelty, non-obviousness (inventive step), and utility (industrial application). Regular patents may benefit from priority under the Paris Convention for one year from the first filing in one of the member countries. PCT patents in Ecuador can be filed after 31 months from the international filing date.
Registration Procedure
- Search (advisable)
- Application
- Formal examination
- Publication (IP Gazette)
- Opposition period (60 business days)
- Registrability examination
- Registration
Types of Patent Protection
- Products
- Procedures
- Industrial Designs
- Utility Models
- Plant Varieties
- Semiconductors
- Patent Search
- Our search services include patent search, prior art search, claims and descriptions search, industrial designs search, and utility models search.
- Patent Processing
Application
Ecuador follows the latest edition of the Nice International Classification for goods and services, making it possible to protect class headings. Since there are no multiple class applications, it is necessary to file a single application per class. Priority can be claimed within six months from the first application.
The application can be filed immediately, and the documentation can be completed later.
Formal Examination
The IP Office will verify that the application is properly filed, complete, and that the documentation is in order.
An office action will be issued requesting the PoA, documents, or to make corrections or amendments.
Once the application is completed, the IP Office will proceed to its publication in the Intellectual Property Gazette.
Presentation Requirements - National Patents
- Official fee
- Specifications and Claims
- Drawings to metric scale
- Full name and address of the Applicant
- Legalized Power of Attorney with Apostille
- Companies must provide proof of their legal personality.
- One PoA per applicant is sufficient.
- Legalized Assignment Deed with Apostille:
Executed by both the assignor and the assignee. - Priority: Certified copy of the foreign application.
Authorizations:
– Deposit of biological material (UPOV).
– Contract for access to patents obtained or developed from genetic resources or their derived products.
– License or authorization to use traditional knowledge of indigenous communities.
Additional Requirements for PCT
- Copy of the international application (containing: description, claims, abstract drawings, and text of the drawings).
- Copy of the international publication.
- Copy of the search report.
- Copy of the Priority Documents.
- Copy of the Preliminary Examination and attachments.
- Payment of annuities.
Opposition and Examination
In response to office actions, examinations, oppositions, or even litigation, we always coordinate closely with our clients so that our arguments cover both legal and technical issues. Quevedo & Ponce’s practice in these areas is unparalleled; our team’s experience meets our clients’ expectations and adapts them to local practice to provide clear and persuasive reports that help the authority understand increasingly complex matters.
Once a decision is rendered, the matter may be submitted for review to the same Authority. If an adverse decision is issued, then an appeal may be filed with the Intellectual Property Committee, and its decision may also be submitted for review to the same Authority. At any time, the matter may be brought to the Administrative Courts for judicial review.
Patent Maintenance
We understand the importance of a patent or a patent application, and the risk of losing it due to failure to pay maintenance fees is too high. With the new regulations, different maintenance fees for each year, maintaining patent rights has become increasingly complex.
We handle patent annuities with modern software that helps us track payments and deadlines. We are prepared to handle a large volume of patent annuities. We have experienced sustained growth in this area thanks to our strict organization and the trust our clients place in us.
Infringement and Litigation
Our Practice covers all stages of oppositions, cancellations of illegal registrations, arbitrations, and out-of-court settlements. We have a very high success rate due to our extensive experience, thorough research, and strict focus on the issues.
In cases of infringement, we are known for vigorously litigating until the illegal use ceases or counterfeit products are seized. Some of the actions we take include sending cease and desist letters, precautionary measures, border protection actions, or filing administrative, civil, or criminal complaints.
Copyright Protection
Copyright
Ecuador follows the French protection of intellectual works based on copyright: “droit d’auteur”. The system distinguishes between moral rights belonging solely to the author and economic rights that are transferable. Copyright and related rights are protected by Ecuador’s Intellectual Property Law, Andean Decision No. 351, the Berne Convention, and the Universal Copyright Convention. The law allows for cumulative protection, enabling the owner of a copyright to enforce their rights as a hindrance to a trademark application.
New Product Launch
Advertising, Labeling Issues
Management of Health and Agrochemical Registrations. We offer software for managing and tracking the process of registrations, maintenance renewals, and all related matters in this field.
Our team specializing in food, pharmaceuticals, and agriculture law includes chemical engineers, agronomists, and environmental engineers whose expertise is overseen by our lawyers to ensure compliance with procedures to obtain all necessary permits for a product to be sold in the market. Our record-keeping system monitors every step of the process, maintenance renewal payments, and generates alerts.
We have a full-service department in this area, and our practice spans from obtaining operating permits from the Health Department, environmental permits, labeling issues, obtaining the necessary permits for product commercialization, and compliance with regulations in general, to overseeing and granting import permits to distributors or third parties.
Food and Drug Registrations
The following products need to obtain permission from the authorities to obtain the Sanitary or Health Registration that allows their commercialization: Food, beverages, dietary supplements, cosmetics, hygiene products, medical devices, medications, industrial and household pesticides.
Agricultural Registrations
The following products require Agrochemical Registration:
- Agrochemicals
- Pesticides
- Herbicides
- Fungicides
- Fertilizers
- Seeds
- Agricultural-related products, such as plant hormones or growth regulators
Environmental Permits
Pesticides and biological pesticides require environmental permits. We also provide advice on obtaining Health and Agrochemical Registrations Management. We have software for managing and tracking the process of registrations, maintenance renewals, and all related matters in this field.
IP Coverage Across Latin America
IP in all of Latin America
• Consistent Strategy
• Holistic Approach to Regional Legal Challenges
• Combined Services
• Fixed Prices
Technology Law
Domain names
We handle domain name disputes, as well as the processing of illegal meta-tags, advertising words, and similar elements that incorporate third-party trademarks.
Ecuadorian Domain Name Registrations
Our clients can secure the registration of a domain name and control the national domain name when they open local branches or appoint local distributors. We ensure that the domain name remains with the legitimate owner and is not hijacked when the local distributor changes or any other eventuality occurs.
Anyone, whether local or foreign, can apply for a “.ec” domain name.
Social Media Protection
We assist in both launching campaigns on social media platforms and removing social media accounts that infringe upon our clients’ trademarks or copyrights.
Licenses
Distribution Agreements, Franchises, Licenses
Part of our core business involves advising on the various ways to develop Intellectual Property assets in Ecuador. We handle litigation and provide general counsel for drafting such agreements and negotiating with local parties. Our services include reviewing Master Franchise Agreements or License Contracts to ensure they are fully enforceable and binding in the country. Sound advice in these areas has helped our clients avoid litigation against their representatives in our country. We are capable of conducting due diligence, obtaining backgrounds of the parties, developing strategies for market entry, managing Intellectual Property portfolios, software licenses, and technology transfers.
There are several alternatives for a foreign company to enter the Ecuadorian market. Depending on risk allocation, our clients can participate indirectly through licensees, franchisees, distributors, authorized dealers, or directly by establishing a branch, opening a subsidiary, or acquiring a local company (see Corporate Practice). Our firm is fully prepared to assist in all matters related to doing business in Ecuador.
