Trademark Registration

Our services include searches and trademark registration.

Entity in charge: Directorate General of the Registry of the Industrial Property of the Ministry of Commerce and Industries,

General Information: Any natural or juridical person, regardless of nationality or domicile, may register a trademark in Panama.

Types of Trademarks and the distinctive signs:

1. Products Brand (Marca de Productos) are those designed to identify products in the market.

2. Service Brands (Marcas de Servicios) are those used in relation to services to distinguish them from similar services offered in the market.

3. Figurative Marks (Marcas Figurativas) are totally devoid of word elements and shaped by a certain figure, design, or combination of colors. They can convey a particular idea or concept or be shaped by an abstract design that is meaningless to the average consumer.

4. Denominative or word marks (Marcas Denominativas) are those constituted by pronounceable expressions, with or without meaning. Also, at the discretion of the offices involved, the combination of letters, combination of numbers, combination of letters and numbers, and expressions that include spelling or punctuation that help correct reading are considered word marks.

5. Mixed Marks (Marcas Mixtas) These are brands composed of figurative and word elements.

6. Collective brand (Marcas Colectivas). Any association of producers, manufacturers, traders, or service providers or any non-profit association may request the registration of collective trademarks to differentiate, in the market, the products or services of its members from the products or services of those who are not part of the applicant association.

7. Expression or Advertising signal (Expresión o Signo de Propaganda). It is understood by expression or Advertising signal, any announcement, legend, slogan, phrase, a combination of words, design, engraving, or any other similar means, provided that it is original, characteristic and that it is used to attract the attention of the consumers or users, about a certain product, merchandise, service, company or establishment.

8. Commercial name and associations (Nombre Comercial y Asociaciones). Distinctive name of an establishment or a product. For purposes of the IP Law, the commercial name is the proper or fantasy name, the corporate name, or the denomination with which a commercial, industrial, or professional company or an association is identified.

9. Guarantee or Warranty Brand (Marcas de Garantía) is the sign or means that certifies the common characteristics, in particular the quality, the components, and the origin of the products elaborated or distributed or of the services rendered, by persons duly authorized and controlled by the owner of the mark.

10. Olfactory marks (Marcas Olfativas). Olfactory brand is understood as a sign composed of odors, aromas, or fragrances that are foreign to the nature of a product or service and are used to make it distinctive in the market. This type of brand is protected as long as consumers associate the odor with a specific business origin.

11. Audible marks (Marcas Sonoras). They are signs perceptible by the sense of hearing, as in melodies or sounds, that serve to identify products or services in the market.

12. Three-dimensional Marks (Marcas Tridimensionales). They are signs conformed by a body with volume and, therefore, occupy the three dimensions of space: height, width, and depth. The most used three-dimensional marks consist of the shape of a product or the shape of packages or wrappings. However, any three-dimensional form that identifies products or services will be considered a three-dimensional brand.

Trademark registration period: Trademarks are granted for a period of 5 or 10 years and may be renewed for the same additional periods.

Trademark Registration Requirements:

1. Power of Attorney granted by the trademark owner executed by an officer of the applicant, attested by a Notary Public, and then duly legalized by a Consul of Panama or by the Apostille seal, if appropriate.

1. Affidavit of use of the trademark.

1. Classification of products and services protected by the trademark, according to the ninth edition of the International Classification of Trademarks for Products and Services (NICE). An application may only cover goods or services included in one class of the International Classification of Goods and Services. An additional form must be filed for any extra class.

1. If the trademark owner is a Panamanian legal entity, certification of the Public Registry of Panama

1. Copy of the identification card of the company's legal representative

1. In the case of a Panamanian natural person, a copy of the personal identity card is required.

1. Foreign legal persons or entities should submit a certification issued by the proper governmental authorities (Register of Companies) in the applicant's country or state of origin that certifies the applicant's legal existence. This document must be duly legalized by a Consul of Panama or by the Apostille seal, if appropriate.

1. Photocopy of the passport of the Legal Representative of the Company

1. In the case of natural foreigner person, a photocopy of the passport

1. Ten (10) samples of trademark word or design (logo). If the colors are important, then you should send the logo in color.

1. Priority is claimed based on the provisions of the Paris Convention if that is the case. To claim a priority based on the Paris Convention, the application must include the date of filing, the application number, and the country of the priority application. Our law provides a term of six (6) months, counted from the application's filing date, to submit a certified copy of the priority document at the Trademark Office.***No notarization and/or legalization is required for this document. However, we strongly recommend that every document from abroad bring the Apostille seal.

Additional Information:

1. Documents in other languages must be translated into Spanish

1. It is possible to apply without the Power of Attorney and the Certificate of Good Standing from the applicant by posting a USD 100.00 bond to guarantee that the POA will be duly filed within a term of two (2) months, counted as the date of filing of the application. It is also possible to obtain an extension of one month for this purpose.

Approximate expenses:

Liquidation of the MEF	B/.104.50 (10 years)
	54.50 (5 years)
DIGERPI - MICI fee	19.20
Fiscal stamps	4.00

Trademark Process:

1. The registration process begins applying for the trademark at the Panamanian Trademark and Patent Office of the General Directorate of Registration of Industrial Property (DIGERPI) of the Ministry of Commerce and Industry. About a month after filing, the DIGERPI will conduct an official examination to verify if the application complies with the requirements. If correction or additional information is required, it should be fixed within three (3) months after being notified of the missing information or error.
2. The trademark is published in the Industrial Property Bulletin once. During the publication stage, objections may be made. Third parties will have two months, counting from the next day of publication, to present their oppositions. If a third party files an opposition, the procedure will start. ***Oppositions are filed before Commercial-Civil Courts and not before the Panamanian Trademark Office.
3. Without opposition, the DIGERPI will perform the final examination and decide whether the trademark is granted or denied.
4. The decision will be notified, and the trademark certificate will be issued. The trademark will be registered for ten (10) years and counted as the application filing date. It may be renewed for an additional ten (10) year period.

Process Time: Depending on the contingencies that may arise, it can take 6 to 12 months. The trademark request is published once in the Bulletin of Intellectual Property, and if no claim is filed against it within sixty (60) days following the publication, the trademark registration is made.

Additional Information: A court order may cancel a Trademark registration if the trademark has not been used for more than five consecutive years before the date of filing the cancellation action. However, a five-year period counting from the date of registration must elapse before it is possible to request the cancellation of a Trademark.

Legal Fee: Our fee is USD 600.00, payable at the beginning of the process. This fee does not include representation in case of opposition or the process expense.