Trademarks Law in Panama
Certainly! Here's a detailed overview of Trademark Law in Panama:
Trademark Law in Panama
Legal Framework
Trademark protection in Panama is governed by Law No. 35 of 1996 (Industrial Property Law), as amended, and relevant Executive Decrees.
The authority responsible for trademark registration is the General Directorate of the Industrial Property Registry (DIGERPI), part of the Ministry of Commerce and Industries.
Panama is a member of key international agreements:
Paris Convention
Madrid Protocol (joined in 2022)
TRIPS Agreement
Nice Classification Agreement
Key Features
1. What Can Be Registered?
Any sign capable of distinguishing goods or services, including:
Words, names, slogans
Logos, designs, and symbols
Letters and numbers
Shapes, colors (if distinctive)
Sound, smell, and motion marks (non-traditional marks, under certain conditions)
2. Types of Trademarks
Individual trademarks
Service marks
Collective marks
Certification marks
Trade names (with certain protections under trademark law)
3. Registration Process
Application filed with DIGERPI.
Examination includes:
Formal examination
Substantive examination for distinctiveness and conflict
Application is published in the Official Gazette.
Opposition period: 2 months from the publication date.
If no opposition or the opposition is resolved, the trademark is registered.
4. Duration and Renewal
Trademark registration is valid for 10 years from the registration date.
Renewable indefinitely for 10-year terms.
Renewal should be filed before expiry, with a 6-month grace period (additional fee applies).
5. Rights Conferred
Exclusive rights to use the trademark in Panama for the registered goods/services.
Right to prevent third parties from using identical or confusingly similar marks.
Ability to license, assign, or pledge the trademark.
Trademark can be recorded with customs for enforcement against counterfeit goods.
6. Infringement and Enforcement
Civil actions available: injunctions, damages, seizure and destruction of counterfeit goods.
Criminal sanctions for counterfeiting and trademark fraud.
Customs enforcement available for border control of counterfeit goods.
Panama is known for strong IP protection, especially due to its role as a logistics hub.
7. International Treaties
Panama is a party to:
Paris Convention
Madrid Protocol (since 2022, allowing international registration via WIPO)
TRIPS Agreement
Nice Agreement (classification of goods/services)
Various bilateral and multilateral free trade agreements with IP provisions
Summary Table
| Feature | Description |
|---|---|
| Governing Law | Law No. 35 of 1996 (Industrial Property Law) |
| Registration Authority | DIGERPI (Ministry of Commerce and Industries) |
| Protection Duration | 10 years, renewable |
| International Systems | Paris Convention, Madrid Protocol, TRIPS, Nice |
| Enforcement | Civil and criminal remedies; customs enforcement |
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