Wednesday, November 9, 2011

ECUADOR: Beware late..late..worms!! No more time extensions for oppositions in Ecuador.


According to a recent decision issued by the ECUADORIAN INSTITUTE OF INTELLECTUAL PROPERTY - IEPI (11-029 P-IEPI), it is no longer permissible to file term extensions for Trade Mark Oppositions in Ecuador.

This interpretation was based on the fact that the Andean Community Decision No. 486 (Common Intellectual Property Regime applicable in several countries of South America), only provides a 30 day term for oppositions and does not contemplate any time extensions. It is important to mention that the said Andean Decision is superior in hierarchy to domestic laws in Ecuador.

In addition, there has been a misuse of these time extensions, as a bad faith tool to delay trademark applications.

Apparently the early bird, eats the late...late...worm, so, be careful when it comes to opposing in Ecuador.

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