Overview of Panama Trademark Registration Service

LegalForce is one of the Largest Trademark Filers in the world. Filing a trademark application is easy and painless. You can finish your trademark in 5 minutes.

Panama Trademark Registration

Standard Package of Trademark Services $799 USD + govt fee

(799.00 PAB)
  • In the Standard Package, Filing a trademark application is easy and painless. You will be guided through a simple workflow to fill out the information needed to publish your trademark on Trademarkia or file your trademark with the government. If you select the government option, a licensed trademark attorney will represent you in the filing your trademark after performing a conflict check.
  • Go through a simple workflow

    All information provided will be kept in absolute confidentiality. Centralized, secure access for your brand trademarks.

  • Select which of the 170+ countries you wish to register

    Top Global IP Attorneys - Easy Online Form, Credibility, and Experience!

  • LegalForce does the rest. All processes will be performed in a timely manner

    Your trademark application will be filed correctly. You will be informed periodically about the process.

World Class Global Trademark Attorneys at Leading Law Firm.

LegalForce - one of the Largest Trademark Filers in the world. You can file and register your trademark in 170+ countries in the world through LegalForce Attorneys, including in the United States, China, Japan, the European Union, Korea, and many others. With the Standard Package, you follow step-by-step instructions designed by world class global trademark attorneys at leading law firm.

It's easy and the protection lasts indefinitely in most countries

Trademarks are names, logos, or short slogans that help distinguish a good or service from other goods and services in a particular geographic area. Once a trademark is issued by a government agency, the protection lasts indefinitely in most countries – so long as you use your mark in commerce. Filing for Trademark Protection through LegalForce Trademarkia is easy! See why LegalForce Service is superior to other options >>

Automated reminders keeps you up to date

Trademarkia can also automatically provide you with reminders and keep you up to date of your status after you file your trademark application. Trademarkia's automated reminders help you so that you don’t have to deal with government bureaucracy or forget important dates.

Background

In 1996, when Panama became a member of WTO, a new Industrial Property Law was adopted in order to comply with the provisions of the TRIPS agreement. Panamanian trademark law is thus generally consistent with international standards. Trademark legislation has since been subject to revisions and amendments aimed at achieving more effective protection of intellectual property rights.

Who May Apply?

Natural and juridical persons, regardless of their country of origin, may apply for trademark registrations in Panama. Foreign applicants do not have to submit proof of the registration of the mark applied for in their country of origin. The person that has been the first to use a mark has the right to register it. If a trademark has never been used, the person who fist applies for it or has the earliest priority date has the right to register it.

What Can Be Registered?

According to Article 89 of Law No. 35 of 1996 (Industrial Property Law), a trademark is any sign, word, or combination of these elements, or any other means that, due to its features, is capable of individualizing a product or service in the marketplace. Nevertheless, there is no specific provision requiring distinctive signs to fall within the meaning of trademark, as for purposes of Article 89, in order to be registered. Therefore, in order to determine what can be registered, it is necessary to take into account the two provisions that follow Article 89. Article 90 provides the list of elements that, among others, may constitute trademarks and can therefore be registered as such: (1) words or word combinations, including those used to identify persons; (2) images, figures, symbols and graphics; (3) letters, numbers, and their combinations, when they are capable of being distinctive signs recognizable by consumers; (4) three-dimensional forms including packaging, containers, the shape of the product or its presentation, and holograms; and (5) color combinations and any combination of the aforesaid elements. Article 91 contains the list of elements that cannot be registered as trademarks or as elements thereof; however, it adds other examples of registrable signs as it provides exceptions to the prohibitions, as is the case of descriptive or generic trademarks that have become distinctive or singular by their use. Therefore, the following may also be registered: any sign, word, combination of signs and or words, or any other means, capable of individualizing a product or service in the marketplace, regardless of whether listed in Article 90, provided that it does not fall within any of the prohibitions of Article 91, unless it is specifically considered as an exception to the prohibition.

What Cannot Be Registered?

The following cannot be registered as trademarks or elements thereof, according to Article 91 of Law No. 35 and Article 73 of Executive Decree No. 7: (1) reproductions or imitations of the coat of arms, flags, and other emblems, initials, names, or abbreviations of names of any country or of any national or international organization without the corresponding authorization; (2) those which, as a whole, consist of descriptive indications of the nature, characteristics, use or application, kind, quality, amount, use, value, place of manufacture, origin, or the date of production of the product or of the rendering the service in question, as well as the expressions constituting the usual or generic name of the product or service (with the exception of descriptive or generic trademarks which have become distinctive or singular by their use); (3) figures or three-dimensional forms which may deceive the public or lead to error, being understood as such, trademarks consisting of or containing false references about the nature, the components or the quality of the products or services sought to be protected; (4) the names of settlements or places known for the manufacture of certain products, to cover such products, except the names of privately owned locations, provided that they are special and cannot be confused with others, and the consent of the owner has been given; (5) those contrary to moral code, public order, or good habits; (6) names, nicknames, signatures, and portraits of individuals, without their consent, when the applicant is someone other than the person whose name, nickname, signature, or portrait is being applied for, or if deceased, the consent of their heirs. Portraits or names of historic figures are excepted; (7) designs of coins, bank notes (bills), warranty or control seals used by the state, stamps, revenue stamps, or fiscal species in general; (8) those which include or reproduce medals, awards, diplomas, and other elements, which lead to believe the recognition has been awarded to the corresponding products or services, unless such award has been actually granted to the applicant or to the person who has assigned the right to the applicant, and such fact is accredited at the time of filing the application. According to Article 73.1 of Executive Decree No. 7, the mark will not be barred from registration if the applicant is the person or institution that grants the corresponding distinction or recognition; (9) those which are identical to, resemble, or are similar to, in the orthographic, graphic, phonetic, visual, or conceptual aspect, a trademark used, known, registered, or applied for by another person to distinguish products or services which are identical to, similar to, or belong to the same class as those covered by the new trademark, provided that the similarity or identity between one and the other is capable of causing errors, confusions, mistakes, or deceit in the mind of the consumers regarding such products or services or their origin.' (10) those which are identical or similar to a famous or renown trademark, to be applied to any product or service; or the notorious or well-known, to be applied to products or services specified according to the group of consumers for whom they are intended; (11) geographical names-specific or generic-maps, common names and adjectives, including names used to identifjr the nationals of a country, whenever they set forth the origin of the products and services and might lead to confusion or error in relation to such origin; (12) those which are basically the translation into Spanish of another mark already used, known, registered, or applied for, to distinguish identical or similar products or services; (13) those which are the total or partial reproduction, imitation, translation, or transcription of a trade name belonging to a third party who has used it prior to the filing date of the trademark application and that is known locally or internationally, which may lead the public to error, confusion, or deceit; (14) three-dimensional forms lacking the originality to easily distinguish them; (15) names, figures, or three-dimensional animated or changing forms which are expressed in a dynamic manner even when they are visible; (16) the titles of literary, artistic, or scientific works, and fictitious or symbolic characters, except with the consent of the author when, pursuant to the applicable law, helshe maintains hislhers rights, as well as individuals being characterized, if their consent has not been granted; (17) letters, numbers, or isolated colors, unless they are combined, composed of, or accompanied by elements such as signs, designs, or not extend to combinations of letters, numbers, or colors, regardless of whether the combination contains only letters, numbers, or colors or includes some or all of them (Article 73.4 of Executive Decree No. 7); (18) words, letters, characters, or signs which are used by native or religious communities or nonprofit organizations, to distinguish the processing of products, the finished products or services, as well as those which constitute the expression of their cult or tradition, idiosyncrasy, or religious practice, except for the cases in which the application is made for their benefit by one of the communities or associations to which this prohibition refers; and (19) those which use, as a basis for their design, references to national monuments and historic sites recognized as such by the iaw.

Rights

A trademark registration does not grant the right to prohibit a third party from: (1) trading with original products with that trademark owner, his licensee, or any other person thereby authorized, having sold or otherwise lawfully introduced in the market bearing such trademark, provided such products and their packaging or the containers which were in immediate contact with such products, have not suffered from any modification or alteration; (2) using the trademark to advertise, offer for sale, or mention the existence or availability of the products lawfully marked, or to inform about the compatibility or adaptability of spare parts or of accessories that can be used with the products bearing the registered trademark, provided that such use is limited to information purposes and does not lead to confusion about the origin of the respective products; or (3) using his own name, nickname, or domicile, or a geographic name or other true indication about the type, quality, quantity, destination, value, place of origin, or date of manufacture of his products or of rendering of his services, provided that such use is limited to identification or information purposes and does not lead to confusion about the origin of the products or services.

Filing Requirements

The following are required for applications for registration: a particulars of the applicant (including laws of incorporation, if applicable) a power of attorney attested by a Notary Public and legalized with the Seal of Apostille or up to a Panamanian Consul. If the applicant is a juridical person, an authorized officer of the company must execute the power of attorney and the notary should certify his capacity. a document issued by the proper governmental authorities (Register of Companies, Chamber of Commerce or Notary Public) in the country or state of origin of the applicant, evidencing the applicant's legal existence, duly legalized with the Seal of Apostille or by a Panamanian Consulate (Certificate of Good Standing). The validity of this document will be of one year as of its issuance date. a sign to be protected a list of goods and services and the class they belong to according to the International Classification of Goods and Services labels or drawings of the mark isclaimers, if applicable roof of payment of governmental registration, recordation, and ublication fees riority, if applicable, specifying the country or trademark office i which the priority application was filed, the filing date, and t 1 e application number, if it has been already assigned. The copy of the priority application, duly certified by the corresponding trademark office, can be submitted within the term of six months counted as of the filing date of the national application. No legalization is required. sworn declaration of use, made by the applicant or by its legal representative (trademark attorney), indicating that the applicant is the owner of the mark, that no other person has the right to use it, that the mark is being or will be used in the national or international commerce, and that the description provided of the mark represents the sign exactly as the applicant desires to register it and protect it Note: It is possible to file an application without the power of attorney and Certificate of Legal Existence of the Applicant by posting a bond of US $100 per application, to guarantee that these documents will be duly filed within a period of two months following the filing date of the application (a one-month extension can be requested).

Evaluation & Review

(1) Filing: Trademark applications must be filed at the General Directorate for the Registration of Industrial Property of the Ministry of Commerce and Industry. (2) Formalities examination: An examiner will review the application and determine if it complies with the filing requirements. According to Article 104 of Law No. 35, if the application does not fulfill these requirements, an official notice will be issued and the applicant will have three months to amend any errors or omissions. If the term expires and the application is not amended, it will be declared abandoned and will be considered as not filed. (3) If all filing requirements have been fulfilled, the application will be examined to determine if it falls within any of the prohibitions established by Law No. 35 of 1996, and if it does, the corresponding refusal resolution will be issued. (4) publication: Applications that overcome both examinations are published in the Official Bulletin of the Industrial Property Registry. (5) Opposition term: Oppositions must be filed within the term of two months counted as of the day after the publication of the Application in the Official Bulletin. (6) Registration: If no opposition actions are filed, the application is registered.

Duration

Trademark registrations are granted for 10 years, starting on the filing date of the application, and can be indefinitely renewed for further periods of 10 years. The renewal petition can be filed 12 months before the expiry date and up to six months after it. Belated renewals are subject to additional fees. Trademarks for which renewal is not requested within the legal term provided are considered lapsed.

Use

Use of a trademark for the purposes of Law No. 35 is the production, manufacture, processing, or production of goods, products, or merchandise and the rendering of services protected by such a trademark, followed by its distribution in the national or international marketplace. The right to register a mark is acquired by its use. Registrations that have not been in use for five consecutive years may be cancelled. The cancellation may not be filed within the first five years of registration of the mark in Panama, counted from the date of registration of the mark. The owner of the registration has the burden of proving that the challenged trademark has been used. A mark shall be used in the same form as it appears in the Registry. However, using the mark in a different form, if it only concerns elements or details which are not essential and do not alter the identity of the mark, will not be ground for cancellation, nor will it diminish the protection provided by it.

Domain Names

Domain names are not explicitly mentioned in any of the legal provisions that compose Panamanian trademark law. However, as Law No. 35 is very broad when determining what can constitute a trademark and domain names as such are not expressly barred from registration, domain names can be registered as trademarks if they are distinctive. The registration will not give its owner the exclusive right to use "www," ‘‘.com," or any other portion of the mark that is not distinctive (e.g., second-level domain), but the mark will be examined, considered and protected as a whole.

Enforcement

There are three different procedures to pursue counterfeiting and unlawful use of trademarks, including mechanisms for controlling import and export of counterfeit goods at customs and at the Colon Free Zone, which is a free-trade area located in the city of Colon, in the Atlantic entrance of the Panama Canal. The infringement of trademark rights can be therefore pursued through criminal, civil, and administrative actions. (a) Criminal actions and penalties: Public prosecutors are empowered to initiate criminal actions against trademark counterfeiters, ex officio or upon the denunciation of the owner of the industrial property right, and are also empowered to order provisional remedies such as seizure of the counterfeit goods. No bond or quantification of damages is required to initiate this type of criminal action. Although the criminal investigation will be conducted by the National Intellectual Property District Attorney's Office, the IP right owner can cooperate in the gathering of evidence, including participation in the seizure, by becoming a "collaborating party." Industrial Property Law allows the termination of the criminal process by means of a settlement agreement between the parties, which can take place at any time before the rendering of the trial court's decision. The statute of limitations for the initiation of criminal actions for trademark counterfeiting is six years from the commission of the crime. Available penalties include imprisonment for two to four years, seizure and destruction of the counterfeit products and the equipment used in the manufacture of same, suspension of the commercial license for a three-month period, and provisional (for a three-month period) or definitive revocation of the Colon Free Zone operation permit for companies operating in that area. (b) Administrative actions: . Colon Free Zone and customs authorities are empowered to conduct, ex officio or upon request of the interested party, inspections and retentions of goods suspected to be counterfeits. Once these administrative procedures are completed, the cases are transferred to the National Intellectual Property DA7s Office for the initiation of the criminal proceedings. In order for these administrative actions to be initiated, the trademark for which protection is sought must be registered in Panama. To facilitate the enforcement of intellectual property rights by these authorities, Trademark Registries exist within the CFZ Administration and Customs Directorate. However, the registration of the mark before these registries is not required for the initiation of administrative actions. (c) Civil actions and sanctions: IP rights owners can initiate civil actions to seek the cessation of the infringing acts and monetary compensation for damages sustained as a result of the trademark infringement. The plaintiff can also request provisional remedies such as the seizure of the counterfeit products, the posting of a bond by the defendant to guarantee payment of damages, or the suspension of the Colon Free Zone operation permit (a bond will have to be posted if provisional remedies are requested). The statute of limitations for the initiation of civil actions for the unlawful use of trademarks is six years from the date on which the last infringing act was committed. Possible sanctions include cessation of the infringing acts; compensation of material (actual) and moral damages; permanent injunction against the infringing acts; fines ranging from US $10,000 to 200,000 (US $20,000 to 500,000 when the infringing acts endanger public health); seizure and destruction of the infringing products and the equipment used to produce it; suspension of the commercial license for a three-month period; for companies located in the Colon Free Zone, fines equivalent to 25% of the monthly commercial movement of the company (but never less than US $75,000) and the provisional (for a three-month period) or definitive revocation of the Colon Free Zone operation permit; and publication of the condemnatory sentence in the Official Gazette.