Ecuadorian IP Office Accepts Notarial Verification Of A Webpage As Evidence Within An Andean Opposition

The Ecuadorian Intellectual Property Office has for the first time in Ecuador accepted the notarial verification of a webpage as valid evidence within an Andean opposition.

The company Evonik Degussa Gmbh applied in Ecuador for the registration of the mark AQUAVI in International Class 31. Compañía Industrial de Productos Agropecuarios Cipa S.A. filed an Andean opposition based on its Colombian ACUAVIT registration.

The Andean opposition was admitted, importantly because the verification of the webpage of Colombian Trade Mark Office showed that the opponent was the owner of the mark ACUAVIT. The authority based its ruling on Article 169 of the Constitution of Ecuador, concluding that the most important requirement is to demonstrate ownership of the mark, more than the form in which this is achieved.