Before offering your products or services, it is advisable to perform a trademark search in Ecuador. The reason is simple; you do not want to use a previously registered trademark in Ecuador to avoid a trademark infringement lawsuit.
We also advise you to perform a search before filing a trademark application to avoid unnecessaries conflicts or delays during the process.
The Ecuadorian Trademark Office -SENADI- is implementing policies to increase its efficiency. At the moment, it is possible to request a local trademark search, pay the fees in a local bank, and the trademark office will send the results via email. Trademark searches in Ecuador are only available in Spanish, and there is no online database available.
This trademark search will perform an exact match search and also include other trademarks that contain similar search terms. The results granted by the Ecuadorian Trademark Office will contain:
- Similar trademarks
- Distinct variations as plurals or gender
- Obvious misspelled words
- Sound-alike works
- Other accepted spellings
- Similar signs registered or applied for registration in any class
You should also be familiar with the international trademark classification of goods and services, AKA Nice Classification. This classification is essential because trademarks are registered in a specific class, but they are also relations between them.
It would help if you looked closer to trademarks registered in Ecuador that were granted in the same class or classes as your brand and in classes that could be connected by consumers.
Once you have a list of similar brands, you have to study one by one to see if there is a risk of confusion and cover identical or similar goods or services.
Our Ecuadorian trademark attorneys can help if you have a question about your search or want a legal opinion.