Ecuador is a member of the Andean Community, so trademarks are governed by Decision 486 together with the national Código Orgánico de la Economía Social de los Conocimientos (the “Código Ingenios”, 2016). Applications are examined by SENADI (Servicio Nacional de Derechos Intelectuales), the successor of the former IEPI. Ecuador is a first-to-file country, uses the US dollar as its currency and is not a member of the Madrid Protocol.
Key facts at a glance
| Office | SENADI — Servicio Nacional de Derechos Intelectuales, Quito |
|---|---|
| Governing law | Andean Community Decision 486; Código Ingenios (2016) |
| Madrid Protocol | Not a member: national filing only |
| Local representative | Required for foreign applicants; power of attorney notarised and apostilled |
| Multi-class applications | Not accepted: one application per class |
| Opposition period | 30 working days from publication in the Intellectual Property Gazette |
| Time to registration | About 6–12 months without opposition |
| Official fees | In US dollars; roughly USD 200 per class for an application |
| Term and renewal | 10 years from grant; renewal 6 months before expiry, 6-month grace period, no proof of use |
| Non-use cancellation | After 3 consecutive years without use in an Andean country |
SENADI updates its fee schedule periodically; figures are indicative and confirmed with each quotation.
You need a local representative and a formal power of attorney
An applicant without domicile in Ecuador acts through a local representative. This is where Ecuador differs from its Andean neighbours: the power of attorney must be notarised and apostilled (Ecuador is party to the Hague Apostille Convention) or legalised at an Ecuadorian consulate, and filed in Spanish or with a Spanish translation. The original can be filed after the application within a short term, so the filing date is not lost while the document travels. Because the power is the slow step, associates instructing on a deadline should start it first.
The registration process, step by step
- 01Clearance search. A search of the SENADI register (phonetic and figurative) to assess availability and identify conflicting Andean rights.
- 02Filing. One application per class through SENADI’s online system, with the applicant details, the sign and the goods or services under the Nice Classification.
- 03Formal examination. SENADI checks formalities and the power of attorney and may issue a requirement to correct defects.
- 04Publication and opposition. The application is published in the Intellectual Property Gazette; third parties have 30 working days to oppose.
- 05Substantive examination. SENADI examines absolute and relative grounds ex officio, including prior Andean rights, and may issue objections.
- 06Decision and grant. If allowed, the registration is granted by resolution; the certificate is issued after payment of the grant fee.
Timelines
Absent oppositions or objections, registration typically takes 6 to 12 months from filing, slower than Colombia or Peru mainly because of examination backlogs. Oppositions and office actions add several months.
Oppositions and the Andean dimension
Oppositions must be filed within 30 working days of publication. Under Decision 486 the owner of a mark registered or applied for in another Andean country may oppose on the basis of that right, provided it also applies in Ecuador and proves a real interest in the market. A regional trademark watch covering the Andean gazettes is the practical way to use that leverage.
Maintenance and renewal
A registration lasts ten years from grant and is renewed for further ten-year periods within the six months before expiry, or in a six-month grace period afterwards, with no proof of use. A mark unused for three consecutive years in any Andean country can be cancelled for non-use. The renewal rules mirror Colombia’s, explained in our renewal guide.
Filing in Ecuador, Colombia or across the Andean region?
MK Global IP files in Colombia directly and coordinates Ecuador, Peru and Bolivia through its correspondent network, under one instruction and one point of contact.
Talk to our teamFrequently asked questions
Do foreign applicants need a local representative to file a trademark in Ecuador?
Yes. An applicant without domicile in Ecuador acts through a local representative appointed by a power of attorney. Unlike Colombia and Peru, Ecuador requires the power of attorney to be notarised and apostilled (or legalised at an Ecuadorian consulate).
Is Ecuador a member of the Madrid Protocol?
No. Ecuador is not a member of the Madrid System; a trademark there can only be obtained through a national application before SENADI.
How long does trademark registration take in Ecuador?
Without oppositions or objections, registration typically takes about 6 to 12 months from filing.
Can one application in Ecuador cover several classes?
No. Ecuador requires a separate application for each Nice class, each with its own official fee.
How much does a trademark application cost in Ecuador?
Ecuador uses the US dollar. SENADI’s official fee for a trademark application is on the order of USD 200 per class, and the same order for a renewal; the schedule is updated periodically and we confirm it with each quotation.
How long is an Ecuadorian trademark valid and how is it renewed?
Ten years from grant, renewable for successive ten-year periods. The renewal is filed within the six months before expiry or in a six-month grace period afterwards, without proof of use (Decision 486, articles 152–153).
Can an Ecuadorian trademark be cancelled for non-use?
Yes. A registration not genuinely used in any Andean Community country for three consecutive years can be cancelled at the request of an interested party.
About the author
Montoya, Kociecki & Asociados (MK Global IP) is a Bogotá intellectual-property firm founded in 1983 and a member of INTA and ASIPI. We act as associate for law firms and IP agents worldwide in Colombia and, through our correspondent network, across Latin America. Related reading: Trademarks in Colombia · Trademarks in Peru · Working with us as your associate.