파나마의 지적 소유권

We offer advice related to copyright protection. Our services include investigations and registration of trademarks.

• A.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 apply for the registration of a trademark in Panama.

Trademark and the distinctive signs types:

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

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

3. Figurative Mark (Marcas Figurativas). Are those shaped by a certain figure, design or combination of colors, totally devoid of word elements. They can convey a particular idea or concept, or be shaped by an abstract design 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, as well as expressions that include spelling or punctuation that help to correct reading are considered as word marks.

5. Mixed Marks (Marcas Mixtas) They are those 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, of the products or services of those who are not part of the applicant association.

7. Expression or Advertising signal (Expesión o signo de Propaganda). It is understood by expression or Advertising signal, any announcement, legend, slogan, phrase, combination of words, design, engraving or any other similar means, provided that it is original, characteristic and that it is used in order 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, 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 the sign composed of odors, aromas or fragrances that, being foreign to the nature of a product or service, are used with the purpose of making it distinctive in the market. This type of brand is protected as long as there is the possibility that consumers associate the odor with a specific business origin.

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

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

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

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 seal of the Apostille, if appropriate.
• 2.Affidavit of use of the trademark.
• 3.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 application must be filed for any additional class.
• 4.If the trademark owner is a Panamanian legal entity, certification of the Public Registry of Panama
• 5.Copy of the identification card of the company's legal representative
• 6.In case of Panamanian natural person, a copy of the personal identity card
• 7.If the applicant is a foreigner legal person or entity, a document issued by the proper governmental authorities (Register of Companies) in the country or state of origin of the applicant, certifying the legal existence (Certificate of Good Standing) of the applicant. This document must be duly legalized by a Consul of Panama or by the seal of the Apostille, if appropriate.
• 8.Photocopy of the passport of the Legal Representative of the Company
• 9.In case of foreigner natural person, photocopy of the passport
• 10.Ten (10) trademark word or design (logo) samples. If the colors are important then you should send the logo in color.
• 11.Priority claimed based on the provisions of the Paris Convention, if it is the case. In order to claim a priority based on the provision of the Paris Convention, the application must include the date of filing, application number and country of the priority application. Our law provides a term of six (6) months, counted as of the date of filing of the application, to submit before the Trademark Office a certified copy of the priority document. ***No notarization and/or legalization is required for this document. However, we strongly recommend that every document from abroad bring the Apostille.

Additional Information:

• 1. Documents in other language must be translate to Spanish
• 2.It is possible to file the application without the Power of Attorney and the Certificate of Good Standing from the applicant, by posting a 100.00 USD bond, to guarantee that said documents will be duly filed within a term of two (2) months, counted as of the date of filing of the application. It is also possible to obtain an extension of one month for this purpose.

Approximate expenses:

Process:

• 1.The registration process begins filing an application in the Panamanian Trademark and Patent Office of the General Directorate of Registration of Industrial Property (DIGERPI) of the Ministry of Commerce and Industry. In about a month from filing, the DIGERPI will make an official examination to verify if the application complies with the requirements. If DIGERPI do not have the correct information or lacks documents in the application to proceed with the process. In case of correction or that additional information is required, the formal deficiencies of an application may be amended within three (3) months after being notified of the formal deficiency.
• 2.The trademark is published in the Industrial Property Bulletin. During the publication stage it is possible to make objections. Third parties will have 2 month after the publication date for presenting oppositions. If oppositions are made then the opposition procedure will start. ***Oppositions are filed before Commercial-Civil Courts and not before the Panamanian Trademark Office
• 3.If there are no oppositions the DIGERPI will perform the final examination and decide whether the trademark is granted or denied.

4. Notifications of the decision and issue the trademark certificate. The mark will be registered for a term of ten (10) years, counted as of the date of filing of the application. The mark may be renewed for additional ten (10) year periods.

Process Time: Can take between 6 to 9 months depending on the contingencies that may arise. The request of trademark is published once in the Bulletin of Intellectual Property and in the event that within sixty (60) days following the publication no claim is filed against it, the registration of the trademark shall be made.

Additional Information:

A trademark registration may be cancelled by means of a Court order, if the trademark has not been used for more than five consecutive years prior to the date of filing of the cancellation action. However, a five-year period counted as from the date of registration of the Trademark must elapse before it is possible to request the cancellation of a Trademark.