Panama Trademark Registration

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1. Is registration of a trademark mandatory?

   Registration is not compulsory, but it is advisable. The only way to obtain exclusive rights over a trademark, within the territory of the Republic of Panama , is through registration.

2. Which Intellectual Property rights are registrable?

   The following may constitute marks: 1) words or combinations of words, including those that serve to identify persons; 2) images, symbols and graphics; 3) letters, figures and combinations thereof, when made up of distinctive elements; 4) three dimensional forms, including wrappings, containers, form of the product or presentation thereof and holograms; 5) colours and combinations thereof; 6) any combination of the elements mentioned in the foregoing items. Sounds are not registrable as trademarks.

3. Can a trademark be registered for covering a commercial establishment which activity is focused in selling goods to consumers, for example retail stores? If so, how is the registration procedure? Are there any special requirements for it?

   No. Retail and like services are not registrable as a trademark. But they can be registered as trade names also with the Patent Office. For this a Power of attorney and a Certficate of existance are required, as well as a document issued by the appropriate government authorities in the country of origin, which certifies that the applicant is dedicated to trade using the brand name for which registration is sought, as well as commercial activities developed by the aforementioned commercial establishment. All these documents should be duly legalized at the Consulate of the Republic of Panama, or through the seal of the Apostille, if feasible.

4. Is there any advantage in using a trademark before filing an application?

   Yes, because the right to register a mark is acquired by its use, but the right to its exclusive use is acquired by its registration. In other words the use creates a right and the registration declares it.

5. How long does the registration process take?

   In the absence of official objections and third party oppositions, the registration process takes approximately 12 to 18 months.

6. Is there any requirement of use for registered trademarks? If so, what happens in case it is not used?

   It is not necessary to file evidence of use of a trademark, unless it is challenged by means of a nonuse cancellation action. Both international and domestic use are suitable for maintaining trademark registration in force. A trademark can be challenged for nonuse if it has not been used for more than five consecutive years prior to the date of filing of the cancellation action. However, such actions can only be filed after the mark has been registered for five years.

7. In the case of a registered mixed trademark (word + logo), is it possible to include in the logo, different or additional words from those mentioned in the word mark?

   It depends on how distinctive the element we are using separately in respect of the whole mark is. If it is distinctive enough, then it can be used separately.

8. How can I know which is the due date for the renewal of a registered trademark?

   The term/renewal date of a registration is 10 years from the application date.

9. When should I pay the renewal fee of my registered trademark?

   A renewal must be filed during a twelve month period which will expire on the renewal date.

10. Is it possible to pay the renewal fee of a patent after the renewal due date has expired? If so, when should I pay?

    It is possible to renew for six months after the renewal date with payment of a fine. During this period of grace the registration will still be valid.

11. What documents are required for filing a trademark or renewal application?

    A power of attorney (authorization form) executed by the proprietor attested by a Public Notary and duly legalized by the Panamanian Consulate or by Hague Apostille is required for renewal.

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