Panama Trademarks Information
Do you need to file a new application, renew or modify your trademarks in Argentina? You are in the right place.
panama FAQ
how to issue a power of attorney -poa- for a latin american country?
which are the patent application requirements in panama?
multiclass trademark registration
which are the trademark registration requirements in panama?
in what countries is possible to claim a patent an use and a second use?
what are the intellectual property offices in latin america?
what is the time frame for a third part to file an opposition in a patent application procedure?
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Trademark acts
1. Law No. 20 of 26 June 2000 on the Special Intellectual Property Regime with Respect to the Collective Rights of Indigenous Peoples to the Protection and Defense of their Cultural Identity and Traditional Knowledge (2000)
2. Law No. 35 of May 10, 1996 Enacting Provisions on Industrial Property (1996)
Regulation
• Executive Decree No. 96, October 18, 1999; which regulates Article 91, paragraph 1 of Law No. 35 of 1996 on the authorization of the use of Panama as a brand name or service (1999)
• Executive Decree No. 12 of March 20, 2001 establishing regulations under Law No. 20 of June 26, 2000 about a Special Regime of Collective Rights of Intellectual Property of Indigenous People for Protection of their Cultural Identity and their Traditional Knowledge
• Executive Decree No. 7 of February 17, 1998 establishing regulations under Law No. 35 of May 10, 1996 enacting Provisions on Industrial Property
• Executive Decree No. 123 of November 26, 1996 concerning Border Control by the General-Directorate of Customs of the Ministry of Finance
International convention
WIPO, WTO, Brussels Convention and General Inter-American Convention for Trade Mark and Commercial Protection
Trademark registration Requirement
1. Complete applicant identification, (name, address, Phone number, E-mail address) If the applicant is a corporation, it is required the same information noted above, for the legal representative.
2. Design of the trademark logo in gif or jpg. Format (If the trademark is stylized -logo-) If the colors are important then you should send the logo in color.
3. Accurate and complete indication of the products or services that you wish to protect with the trademark. An application can only be filed for products or services included in one single class. Multiclass registration is not allowed in Panamá.
4. The class according with the ninth edition of the Nice International Classifiaction http://www.wipo.int/classifications/nivilo/
5. The priority document issued by the competent authority, if you wish to claim trademark priorities.
6. A simple (non-official) translation to Spanish Language of the priority document.
7. The Power of Attorney. This POA must be notarized and legalized up to the Panamanian Consulate in your country. If your country is part of the Hague Apostille Convention, an Apostille is sufficient. Check if your country is part of this convention in:
http://www.hcch.net/index_en.php?act=conventions.status&cid=41#mem
8. A certificate of incorporation or business certificate. This document must be legalized before a Panamanian Consulate or with Apostille.
9. A simple (non – official) translation to Spanish language of the business certificate or certificate of incorporation. For documents not sent in Spanish language, we offer you a translation service (From English to Spanish only).
10. Panamanian authorities require and affidavit concerning the use of the trademark on the country. It should state that you don’t have knowledge of others being using the trademark that is to be applied. This document requires to be legalized before the Panamanian Consulate or with Apostille.
More Information
Trademark registration procedure
Normally, the procedure takes between 6 to 9 months depending on the contingencies that may arise.
The request of trademark shall be published only once in the Bulletin of Industrial Property and in the event that, within the sixty days following the publication no claim is filed against it, the registration of the trademark shall be made.
1. The registration process begins filing an application in the Panamanian Trademark and Patent Office: the General Directorate of Registration of Industrial Property (DIGERPI) of the Ministry of Commerce and Industry.
2. After in about one month, the Ecuadorian PTO will make a official examination to verify if the application complies with the requirements.
3. Prior this examination, the trademark is published in n the Industrial Property Bulletin.
4. 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. If there are no oppositions the Panamanian PTO will perform the final examination and decide whether the trademark is granted or denied.
5. After the objection period has passed (If there are no oppositions) the Panamanian PTO decide if the trademark is granted or denied according with the trademark law.
6. Finally the Panamanian PTO notifies the decision and issue the PROPERTY TITLE
7. A trademark registration in Panama is valid for 10 years from the filing date, The registration is renewable for periods of 10 years.
