Region: Ecuador

SENADI protects widely recognised unregistered trademarks 

The marks SAVOY and TORONTO, which are registered in Nestlé’s name in several other countries, were found to be widely recognised in Ecuador.

03 July 2024

Protecting IP rights through criminal actions: insights from a recent court ruling

The case, in which counterfeit goods had been released and the prosecutor had ordered to close the investigation, shows that it is still possible to obtain the desired outcome by providing relevant evidence.

12 April 2024

The doctrine of clarifications in Ecuador: rules and procedures

The Andean Court of Justice has recently issued guidance concerning the obligation to request a prejudicial interpretation, setting out a four-step process.

26 January 2024

Brand protection at the Ecuador border: insights and strategies from the front line

Featured in Border and customs protection around the world

In the next part of our regular series, we head to Ecuador to understand the challenges of – and best solutions for – brand protection at the nation's borders and ports of entry.

30 November 2023

Recent IP Office decisions shed light on distinctiveness of 3D marks

The Ecuadorian IP Office has recently applied the guidelines on 3D marks established by the Court of Justice of the Andean Community in May last year.

07 August 2023

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

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