Quevedo & Ponce Abogados

Quevedo & Ponce - Intellectual Property

 

The protection and defense of intangible rights is part of Quevedo & Ponce's long tradition.

We offer assistance beyond the conduct of proceedings and surveillance of intellectual property rights, including best practices for their security in aspects of commercial nature, and actions that the Law allows for their effective defense.

Manuel Fernández de Córdoba

Partner

Trust in Experts

Areas of action

Brand protection

 

Ecuador is the first country to file an application, the owner of a trademark must apply for a trademark registration to obtain protection. The latest edition of the Nice Classification applies. International applicants may also claim priority if their trademark is filed in Ecuador within 6 months after the country of origin. Registrations are valid for 10 years and can be renewed indefinitely.

Our experience and diligence make the procedures before the Intellectual Property Office seem impeccable. Quevedo & Ponce is the most efficient and one of the leading trademark depositories in the country. Our unique software and registration system allows 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 (recommended)
  • Request
  • formal review
  • Publication (IP Gazette)
  • Opposition period (30 working days)
  • Examination of registrability
  • Registration

Ecuador follows the latest edition of the Nice Classification of goods and services, protecting class headings is possible. Since there are no multiple class applications, it is necessary to file only one application per class. Priority may be claimed within six months of the first application.
The application can be submitted immediately and the documentation can be completed at a later date.

Submission requirements

  • Official rate
  • Logo (.png or .jpg, minimum 250×250 pixels)
  • Description of goods/services
  • Applicant's full name and address
  • 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 review

  • The IP Office will check that the application is correctly filed, that the goods/services are correctly classified and that the documentation is complete.
  • An office action will be issued requesting the PoA, the Priority document or to make corrections or amendments. The deadline is 60 days from the date of notification, with the possibility of an extension.
  • Once the application is completed, it will be published in the Intellectual Property Gazette.

Our practice covers all stages of oppositions, cancellation proceedings (for non-use, famous trademark, trademark vulgarization, cancellation of illegal registrations), arbitrations, out-of-court settlements, unfair competition. We have a very good success rate due to our high experience, great research and strict focus on the problems.

In cases of infringement, we are known to litigate vigorously until the illegal use ceases or the counterfeit products are seized. Actions include cease and desist letters, injunctions, border protection actions, or filing administrative, civil or criminal complaints.

A trademark is protected for ten years from the date of registration and may be renewed indefinitely. The renewal application must be filed six months before the expiration date or during the grace period of six months after its expiration.

We handle applications, registration of assignments, mergers, licenses, agreements, name changes, domicile changes, security interests, updates and renewals.

We provide legal advice for Intellectual Property transactions such as licensing, franchising or distribution agreements. We also assist in the negotiation with local parties, investigations and registration of agreements in official registries.

A prior consultation of the registration is advisable to avoid ex officio actions or oppositions. In some cases, it is also advisable to carry out prior use investigations, searches of trade names and trade names.

Our proprietary software and databases allow us to perform our trademark searches and surveillance services in-house. The results are carefully scrutinized to provide clients with only relevant information.

The search report we provide includes feedback on brand availability and chances of success. Our service includes follow-up and suggestions to improve the chances of registration.

  • Word, Design or Word+Design Marks
  • Trademarks 3D
  • Certification/collection marks
  • Trade names
  • Trade dresses
  • Non-traditional brands
  • Geographical Indications
  • Famous and well-known brands

Quevedo & Ponce Law Firm is a leader in obtaining protection for special types of trademarks. We obtained the first registrations of Denominations of Origin in the country: COLOMBIAN COFFEE Reg. No. I-001-2006 y HABANOS Reg. No. I-002-2010, and now we have added protection for COGNAC as well as several GIs for Colombian Coffee.

Quevedo & Ponce's highly specialized team is the first choice for companies requiring assistance in the protection of their appellations of origin, Geographical Indications (GI), certification marks or collective marks.

Protection of inventions

Patents in EcuadorThe Quevedo & Ponce Intellectual Property team is fully bilingual and has experience and legal expertise in a wide range of industries. We represent important companies and have the assistance of independent inventors, multinational companies, universities, governments such as Israel or governmental agencies such as the USDA.

Our Firm is consistently nominated as a leading firm in patent practice in Ecuador and all of Latin America. We are the winners of the World Leaders International IP Awards for Latin America in Patent Excellence.

Ecuador allows the filing of national patent applications as well as PCT applications. The requirements for a patent are novelty, non-obviousness (inventive step) and utility (industrial application). Regular patents can benefit from the Paris Convention priority of one year from the first application in one of the member countries. PCT patents in Ecuador can be filed after 31 months from the international filing date.

  • Search (recommended)
  • Request
  • formal review
  • Publication (IP Gazette)
  • Opposition period (60 working days)
  • Patentability examination
  • Registration
  • Products
  • Procedures
  • Industrial designs
  • Utility models
  • Varieties of plants
  • Semiconductors
  • patent search
    • Our search services include patent search, prior art search, claim and description search, industrial design and utility model search.
  • Patent prosecution

Ecuador follows the latest edition of the Nice Classification of goods and services, protecting class headings is possible. Since there are no multiple class applications, it is necessary to file only one application per class. Priority may be claimed within six months of the first application.

The application can be submitted immediately and the documentation can be completed at a later date.

IP Office will check that the application is correctly submitted, that it is complete and that the documentation is complete.

An office action will be issued requesting the PoA, documents or to make corrections or amendments.

Once the application is completed, it will be published in the Intellectual Property Gazette.

  • Official rate
  • Specifications and claims
  • Metric scale drawings.
  • Applicant's full name and address
  • Power of Attorney with Apostille
    • Companies must provide proof of their legal status
    • One PoA per applicant is sufficient
  • Deed of Assignment legalized 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 products derived therefrom
    • License or authorization to use traditional knowledge of indigenous communities.
  •  
  • Copy of the international application (containing; description, claims, abstract drawings and text of drawings).
  • Copy of the International Publication.
  • Copy of the search report.
  • Copy of Priority Documents.
  • Copia de los documentos prioritarios.
  • Annuity Payments

Before dispatch actions, examinations, oppositions or even litigation, we are always in full coordination with clients so that our arguments cover both legal and technical issues. Quevedo & Ponce's practice in these areas is unrivaled, the experience of our team brings together the expectations of our clients and adapts them to local practice in order to have clear and persuasive reports that help the authority to understand increasingly complex matters.

Once the decision is rendered, the matter may be submitted for review before the same Authority. If an adverse decision is rendered, then an appeal may be filed before the Intellectual Property Committee and its decision may also be submitted for review before the same Authority. At any time the matter may be taken to the Litigation Courts for judicial review.

We understand the importance of a patent or patent application, and the risk of losing it by not paying 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 keep track of payments and deadlines. We are prepared to handle a large volume of patent annuities. We have had a steady growth in this area thanks to our strict organization and the trust our clients inspire in us.

Our practice covers all stages of oppositions, annulments of illegal registrations, arbitrations, out-of-court settlements. We have a very good success rate due to our high experience, great research and strict focus on the problems.

In cases of infringement, we are known to litigate vigorously until the illegal use ceases or the counterfeit products are seized. Actions include cease and desist letters, injunctions, border protection actions, or filing administrative, civil or criminal complaints.

Copyright protection

Ecuador follows the French protection of intellectual works based on copyright: droit d'auteur. The system distinguishes between moral rights that belong 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, so the owner of a copyright may assert his rights as an estoppel to a trademark application.

New product launch

Management of Sanitary and Agrochemical Registrations. We have software for the management and follow-up of the registration process, maintenance annuities and everything related to this field.

Our food, drug and agricultural law team includes chemical engineers, agronomists and environmental engineers whose expertise is directed by our lawyers to ensure compliance with procedures to obtain all necessary permits for a product to be sold on the market. Our filing system monitors every step of the paperwork, maintenance annuity payments and generates alerts.

We have a full service department in this area, our practice ranges from obtaining operating permits before the Health Department, environmental permits, labeling issues, obtaining the necessary permits for the marketing of products and compliance with regulations in general, supervision and granting of import permits to distributors or third parties.

The following products need to obtain a permit from the authorities to obtain the Sanitary or Health Registration that allows them to be marketed:
Alimentos, bebidas, suplementos dietéticos, cosméticos, productos de higiene, dispositivos médicos, medicamentos, pesticidas industriales y domésticos.

The following products require Agrochemical Registration:

  • agrochemicals
  • pesticides,
  • herbicides
  • Fertilizers
  • Seeds
  • Agriculture-related products, such as plant hormones or growth regulators.

Pesticides and biological pesticides require environmental permits. We also provide advice on obtaining Sanitary and Agrochemical Registration Management. We have software for the management and follow-up of the registration process, maintenance annuities and everything related to this field.

IP Coverage Across Latin America

• Consistent Strategy • Holistic Approach to Regional Legal Challenges • Bundled Services • Fixed Pricing

Technology Law

We handle domain name disputes as well as prosecution of illegal metatags, ad-words, and the like bearing third party trademarks.

Our clients can secure a domain name registration and control the national domain name when they open local branches or name local distributors. We ensure that the domain name stays with the legitimate owner and is not otherwise hijacked when the local distributor is changed or any other eventuality occurs.

Any person, local or foreigner may apply for a .ec domain name.

We assist both in launching social media campaigns as well as in taking down social media accounts that infringe a client’s trademarks or copyrights.

Part of our core business is advising on the different ways of developing Intellectual Property assets in Ecuador. We handle litigation and general advice for drafting these sorts of agreements and negotiation with local parties. Our services include reviewing Master Franchises or License Agreements to make sure they are fully executable and binding in the country. Proper advice on these aspects helped our clients to avoid litigation against their representatives in our country. We are capable of conducting due diligence, obtain background information from parties, developing strategies to enter the market, manage IP Portfolios, software licensing, and technology transfers.

There are several alternatives for a foreign company to enter the Ecuadorian market. Depending on the risk allocation, our clients can participate indirectly through licensees, franchisees, distributorships or authorized dealers, or directly by establishing a branch, opening a subsidiary or buying a local company (see Corporate Practice). Our Firm is fully prepared to assist in all matters in relation to doing business in Ecuador.

Licensing

Part of our core business is advising on the different ways of developing Intellectual Property assets in Ecuador. We handle litigation and general advice for drafting these sorts of agreements and negotiation with local parties. Our services include reviewing Master Franchises or License Agreements to make sure they are fully executable and binding in the country. Proper advice on these aspects helped our clients to avoid litigation against their representatives in our country. We are capable of conducting due diligence, obtain background information from parties, developing strategies to enter the market, manage IP Portfolios, software licensing, and technology transfers.

There are several alternatives for a foreign company to enter the Ecuadorian market. Depending on the risk allocation, our clients can participate indirectly through licensees, franchisees, distributorships or authorized dealers, or directly by establishing a branch, opening a subsidiary or buying a local company (see Corporate Practice). Our firm is fully prepared to assist in all matters in relation to doing business in Ecuador.

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