Panama Trademark Registration
Intellectual property (IP) encompasses creations of the mind: inventions, literary and artistic works, and the symbols, names and images used in commerce. At MYD we advise our clients on protecting and registering their intangible assets.
Panamanian law defines a trademark as any sign, word, combination of these elements or any other means that, by its characteristics, is capable of distinguishing a product or service in commerce. It may consist of a sign, logo, word, image, figure or graphic, as well as wrappers, packaging or colors, among others.
In Panama, registered trademarks are valid for ten (10) years from the application date, indefinitely renewable for equal periods. Renewal may be requested within the year prior to expiration and up to six months thereafter; in the latter case, with the corresponding surcharge.
Depending on their components, trademarks may be word marks, figurative, mixed, three-dimensional, sound, olfactory or gustatory. Registration is organized into 45 classes: goods (classes 1 to 34) and services (classes 35 to 45). In Panama, trademark registration is handled by the General Directorate of the Industrial Property Registry (DIGERPI) of the Ministry of Commerce and Industry.
Copyright protects literary, artistic and scientific works —books, music, audiovisual works, computer programs, among others— from the moment of their creation. In Panama it is governed by Law 64 of October 10, 2012, and registration is filed with the General Directorate of Copyright.
Although protection does not depend on registration, registration is a valuable means of proving ownership. At MYD we advise on the registration of works and on the defense of copyright.
A patent is an exclusive right granted over an invention that empowers its holder to decide whether the invention may be used by third parties and in what way.
Law 35 of May 10, 1996, as amended by Law 61 of October 12, 2012, defines an invention as any idea applicable in practice to solve a specific technical problem, which may consist of a product or a process. Product inventions include any substance, composition, material, article, apparatus, machine, equipment, mechanism or device, as well as any of their parts; process inventions include any method, system or sequence of steps leading to the manufacture or obtaining of a product or tangible result.
An invention patent is granted for a non-extendable term of twenty (20) years. In Panama, registration is handled by DIGERPI of the Ministry of Commerce and Industry, where invention patents, utility models, industrial designs and drawings, and international applications under the Patent Cooperation Treaty (PCT) are processed.
Protecting your brand and creative work in Panama
Panama trademark registration is the most reliable way to protect the name, logo and identity your customers know you by. A registered mark gives its owner the exclusive right to use it in Panama for the goods or services it covers, and the legal footing to act against anyone who copies it or trades on its reputation.
Before filing, we run a clearance search to spot similar marks that could lead to an opposition or a refusal. We advise you on which classes to cover, what type of mark fits best and how to build protection that keeps pace with your growth. We then prepare and file the application with the Industrial Property Registry, follow the examination and respond to any objections.
Protection doesn't stop at registration. We watch for third-party applications, file oppositions when a new mark is likely to cause confusion with yours, and handle renewals, ownership changes, licenses and assignments. We also act for clients against counterfeiting and unauthorized use.
Beyond trademarks, we advise on copyright, patents, trade names and the protection of software, digital content and trade secrets. For international brands entering the Panamanian market, we line up trademark protection with company formation and with the licensing, franchise and distribution agreements that support their expansion.
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Frequently asked questions
Why should I register my trademark in Panama?
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Registration gives you exclusive rights in Panama and a solid legal basis to stop others from using an identical or confusingly similar mark. Without it, enforcing your brand is much harder.
Can I register a trademark from abroad?
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Yes. We handle the entire process on your behalf under a power of attorney, so you don't need to travel.
What if someone has already registered a similar mark?
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We look at how similar the marks are, which goods or services they cover and how they are actually used. Depending on the outcome, we can adjust your application, negotiate with the owner or take the appropriate action.
Does a trademark registration expire?
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A registration lasts for a set term and can be renewed again and again. We keep track of your renewal dates so your brand never goes unprotected.
Can my logo and slogan be protected too?
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Yes. Depending on their features, logos, name-and-design combinations and some slogans can be protected. We recommend the best filing strategy for your brand.
What should I do if someone copies my brand?
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Start by gathering evidence of the misuse. We then assess whether to send a cease-and-desist letter, negotiate, or bring administrative or court action to stop the infringement.
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