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Jimenez, Molino y Moreno
Panama City, Panama (PA)
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De Puy & Asociados
Panamá, Panama (PA)
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Lombardi Aguilar Group
Panama, Panama (PA)
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Panama (PA)

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10-16-2012 (Newsletter Issue 15/12)
Major Amendments to IP Laws
There have been major changes in the Intellectual Property Laws in Panama due to the implementation of the Free Trade Agreement with the U.S.

Panama has approved the following treaties:
- Trademark Law Treaty (TLT)
- Patent Cooperation Treaty (PCT)
- Budapest Treaty
- UPOV Treaty

Law No. 35 of 1996 has been amended to comply with these treaties and major changes are:
- Multiclass registration system for trademarks is now possible.
- Online registration will be available.
- Elimination of the requirement of authentication and legalization of Powers of Attorney.
- Elimination of the requirement to provide a certificate evidencing the existence of the applicant company.
- New requirement to declare a domicile in Panama for administrative and judicial purposes.
- The concept of registration of Powers of Attorney.
- Official trademark fees have been amended.
- Protection is granted to commercial names without registration being required.
- Mergers, assignments, change of name and address can be done for all the trademarks owned by one company at the same time with just one document.
- The best right system will change from first international use to local use.
- Opposition, nullity and cancellation actions can now be appealed up to the Supreme Court.
- Special rules and regulations on geographic indications.

The new legislation went into effect on October 1, 2012.

Source: Jimenez, Molino y Moreno, Panama and
Alfaro, Ferrer & Ramirez, Panama


Legal basis is the Intellectual Property Law No. 35 of November 10, 1996, amended by Law No. 61 of October 5, 2012, regulated by the Executive Decree No. 85 of July 4, 2017.
Trademark protection is obtained by registration. It can also be acquired by sufficient public recognition.
Nice classification, 10th edition
Registrable as a trademark are all distinctive and graphically representable signs, such as words, names, acronyms, letters, numbers, devices, emblems, holograms, colours, combinations or shades of colours, three-dimensional forms, the three-dimensional form of a good or its packaging and any combination of the mentioned signs as well as sound, smell and taste marks. The law also explicitly mentions trademark protection of slogans. Only the complete slogan is registrable, not the single words of which it consists.
The following trademark types are registrable: trade marks, service marks, collective marks, certification marks and trade names.
The application is filed at the Panama Industrial Property Direction (DIGERPI).
Multiple-class applications now are possible.
All applicants need a local lawyer.
A Power of Attorney Registry has been established by Law 61 but a regulation is not yet available. After the Power of Attorney is registered, there will be no need to submit a Power of Attorney with each application or renewal anymore; the reference to the registration details will suffice.
The requirement of authentication and legalization of Powers of Attorney is not needed anymore.
The applicant’s company doesn’t need to provide a certificate evidencing its existence anymore. However, the registration details and jurisdiction under which the company is existing must be declared.
A domicile in Panama for administrative and judicial purposes is required.
The application process includes a formal examination, an examination of distinctiveness and a search for prior trademarks.
The processing time from first filing to registration or first office action is approx. 3 to 6 months. Prior to registration, the trademark application is published in the “Boletin de la Propiedad Industrial”.
National:
The opposition period is 2 months from publication date of the application.
Protection begins with the date of application. A trademark registration is valid for 10 years from date of application. The registration is renewable for periods of 10 years.
The grace period for renewals is 6 months starting on the expiration date of the trademark.

Further practical details are available in our publication on this topic here
If the trademark has not been used in Panama within 5 years from registration or has not been used later for a continuous period of 5 years, it may be subject to cancellation.

Further practical details are available in our publication on this topic here
The official fee for filing a trademark is USD 128.50 per class including registration and publication fees.

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Practical details on licensing procedures, requirements and effectiveness are available in our publication on this topic here.
Search type First class Add. class
Word Mark Search (availability) 250,00 € 190,00 € 
Word Mark Search (identical) 210,00 € 150,00 € 

The Prices above are SMD Group Search Fees
Country Index is a free service of SMD Group. We thank the following law firms for their assistance in updating the information provided.

Country Survey
07-18-2017
Jimenez, Molino y Moreno, Panama City, Panama

10-07-2015
Jimenez, Molino y Moreno, Panama City, Panama

11-27-2013
Fabrega, Acosta, Vega & Asociados, Panama, Panama

10-18-2012
Alfaro, Ferrer & Ramírez , Panama, Panama
Arosemena Noriega & Contreras, Panama, Panama

10-16-2012
De Puy & Asociados, Panamá, Panama
Fabrega, Acosta, Vega & Asociados, Panama, Panama

12-08-2011
Jimenez, Molino y Moreno, Panama City, Panama

11-18-2010
Moeller IP Advisors, Buenos Aires, Argentina



Jimenez, Molino y Moreno

Gobal Plaza Building, 20th Floor, 50th Street
Panama City
Panama (PA)

De Puy & Asociados

47th Street
Panamá
Panama (PA)

Lombardi Aguilar Group

Ocean Business Plaza, Aptdo 0831-01110
0831 Panama
Panama (PA)

Panama Industrial Property Office (DIGERPI)
Edison Plaza
Avenida Ricardo J. Alfaro
Apartado 0815-01119
Zona 4
Panama City
Panama
Tel +507 560 06 00
Fax +507 560 07 41
Mail dgrpi@mici.gob.pa
www.digerpi.gob.pa