In today’s competitive environment, protecting intangible assets—such as trademarks—is essential for securing the positioning and reputation of products or services. Among the most prominent legal concepts in this area is the well-known trademark, a distinctive sign that, due to its high commercial recognition within the relevant economic sector, enjoys a special protection regime in Ecuador and the member countries of the Andean Community.
What is a well-known trademark?
A well-known trademark is one that, due to its exceptional recognition within a given economic sector, transcends traditional principles of trademark law, such as:
- Specialty (protection limited to a specific class of goods or services), and
- Territoriality (protection limited to a specific CAN member country).
An emblematic example in Ecuador is the “Supán” trademark, which has been declared well-known due to its strong presence in the national market.
Legal Framework: Decision 486
The concept of the well-known trademark is governed by Decision 486 of the Andean Community Commission—a supranational regulation in force in Ecuador, Colombia, Peru, and Bolivia. This rule allows a trademark declared as well-known in one Andean subregion country to be recognized as such in the others.
Requirements to claim well-known status
Unlike a conventional trademark, anyone claiming well-known status must prove it with compelling evidence (Article 228 of Decision 486). Common supporting evidence includes, among others:
- Commercial invoices showing high sales volumes.
- Advertising campaigns across various media platforms.
- Market research indicating public recognition of the brand.
- Press articles or reports demonstrating social or economic impact.
- Historical data proving sustained use of the sign.
The burden of proof lies entirely with the applicant, ensuring that only truly recognized brands gain access to this special legal status.
Ecuador: Voluntary declaration procedure
Ecuador has introduced a significant regulatory innovation compared to other countries in the region. Unlike Colombia, Peru, or Bolivia—where well-known status is usually granted as part of an opposition or litigation process—in Ecuador, it is possible to voluntarily apply for the declaration of well-known status.
This administrative procedure, which does not require an existing legal dispute, involves:
- Completing a specific application form.
- Paying the corresponding administrative fee.
- Submitting an evidentiary brief with all documents proving the sign’s well-known status.
If approved, the competent national authority will recognize the trademark’s well-known status for a period of seven years, granting the owner a strategic advantage.
Advantages of declaring a trademark as well-known
- Stronger protection against imitation or unfair use.
- Enhanced ability to oppose similar trademark applications, even in different classes.
- Consolidated reputation at both national and Andean levels.
- Possibility to protect the mark without needing to prove recent use in every country.
- Ability to cancel trademarks that infringe the rights of the well-known trademark holder.
If a well-known distinctive sign is improperly registered in a Member Country as part of a domain name or email address by an unauthorized third party, the rightful trademark owner may request that the competent national authority cancel or modify such registration.
Conclusion
The well-known trademark mechanism offers a key legal safeguard for companies that have invested time, resources, and strategy in building a strong market identity. Ecuador, through its voluntary recognition regime, provides an efficient pathway for securing this protection—while also enabling regional enforcement across the Andean Community.
At BUSTAMANTE FABARA, we have the experience and expertise to guide you through this process, ensuring that your brand’s commercial value receives the recognition and protection it deserves.
Author:
Óscar Reyes
Senior Associate
With 21 years of experience in the field of Intellectual Property in both the public and private sectors, Óscar advises national and international companies, and has handled high-level administrative procedures. He is also a trainer at academic events, former delegate to WIPO’s enforcement committee, and a negotiator in IP-related topics for trade agreements with EFTA and South Korea. He teaches in the postgraduate Intellectual Property program at the Central University of Ecuador.