Panama, a country located in Central America, is famous for its iconic Panama Canal, which attracts international tourism and trade. Panama possesses many other advantages that have fueled impressive economic development over the past decades, making it an attractive destination for investment and business. Panama is centrally located, connecting North and South America, facilitating international trade. The Panama Canal plays a key role in international shipping, boosting logistics and trade. Panama is a member of many free trade agreements, expanding markets for its products and services. Panama has many economic sectors that can develop strongly in tourism, Panama has many tourist attractions, attracting visitors from all over the world. Panama has great potential for renewable energy such as solar and wind power. In order to attract foreign investment, the Panamanian government implements an open economic policy, encouraging foreign investment and free trade. Panama’s economy remains relatively stable with low inflation and steady GDP growth. The legal system is transparent and business-friendly. Therefore, more and more businesses are expanding their business scope here, in order to be able to distinguish their brand from other competitors, businesses need to pay attention to trademark registration procedures. Viet An Law would like to guide customers preliminarily through the procedure for trademark registration in Panama through the article below.
Legal basis
- Law No. 35 of May 10, 1996 on Industrial Property;
- Law No. 24 of 3 May 2012 on the Ratification of the Trademark Law Treaty (TLT) and its Statutes, established in Geneva on 27 October 1994
Definition of “trademark” in Panama
Signs: Include elements such as words, logos, symbols, designs, slogans, or even a combination of these.
Commercial use: A trademark must be actively used to identify the origin of a product or service offered by a particular company.
Uniqueness: Trademarks need to be unique and capable of distinguishing a company’s goods or services from other companies.
Conditions for trademark registration in Panama
- Uniqueness: Your trademark needs to be unique and able to distinguish your goods or services from those of your competitors. Generic terms or descriptive elements are often not protected.
- Previous use: The first party to use a trademark in commerce usually has the right-of-way. Evidence of consistent use reinforces the requirements of the business.
Types of registerable trademarks
Product brand: This is the most common type of trademark and is used to distinguish one company’s tangible product from another. Comprise:
- Text (brand name)
- Logo
- Ampersand
- Design
- Shape of goods (if unique)
- Packaging (if unique)
Service marks: Similar to product marks, but used to identify and distinguish services provided by one provider from another. Examples include logos, slogans, or catchphrases related to a particular service.
Collective mark: This trademark identifies a group or association and its members are allowed to use the trademark on their goods or services. Examples include certificates or logos used by cooperatives or professional associations.
Certification mark: This mark does not identify the origin of a product or service, but guarantees a certain standard, quality or provenance. Common examples include organic food certification or quality control marks.
Commercial packaging: This is the overall visual representation of a product, including packaging, color schemes, and design elements. If the commercial packaging is unique enough, it can be protected as a trademark.
In addition, Panama recognizes the following types of trademarks:
Shape brand: The three-dimensional shape of the product itself can be a trademark if it is unique enough (e.g. Coca-Cola bottle).
Audio trademarks: Sounds specifically associated with a brand, such as brand music or product sound effects, may also be registered as trademarks.
Trademark registration documents in Panama
Applicant Information:
- Applicant name and address: The legal name and full contact information of the applicant, including phone number and email.
- Type of applicant: Indicates whether the applicant is an individual, company, or other legal entity. (Examples: Sole Proprietorship, Partnership, etc.)
Trademark Information:
- Images that represent trademarks: These can be image files (JPEG, PNG) or a clear and detailed description of the trademark (lettering, logo, design, etc.).
- Group of goods and services: A clear and specific list of the goods or services the applicant intends to use the trademark. Applicants can use the International Classification of Goods and Services (also called the Nice Classification for goods and the Vienna Classification for services) for ease of reference. These classification systems classify products and services, making it easier for the Trademark Office to review an applicant’s application.
- Usage Statement (if applicable): If the applicant has already started using the trademark in Panama, the applicant may submit a statement of use with evidence (e.g., product packaging, marketing materials) to potentially expedite the registration process.
- Authorization (if applicable): If the applicant uses an attorney or intellectual property representative to file the application, the applicant may need an Authorization that allows them to file on the applicant’s behalf.
How to file for trademark registration in Panama
To file for trademark protection in Panama, you can file using the following filing methods:
- Direct Submission: You can go directly to the General Department of Industrial Property Registration of the Ministry of Trade and Industry (DIGERPI) at Avenida Ricardo J. Alfaro Edificio Plaza Edison, Piso 2 Panamá to submit the application and related documents.
- By Post: You can send your application and all required documents via postal service or courier service to the address of the General Directorate of Industrial Property Registration of the Ministry of Trade and Industry (DIGERPI) at Avenida Ricardo J. Alfaro Edificio Plaza Edison, Piso 2 Panama.
If you need to file a trademark application, please contact Viet An Law for the most effective support.
