Registering a trademark in Panama is essential for any company, business, or entrepreneur seeking to protect their commercial identity. A trademark not only distinguishes your products or services but also becomes a legal and commercial asset that can generate economic value and reputation in the market.
Proper trademark management ensures exclusivity against third parties and allows you to defend your intellectual property in case of infringement. It is also a key requirement for those looking to expand their business within Panama or internationally, ensuring that your name, logo, or slogan cannot be used by competitors.
This complete guide covers everything related to trademark registration in Panama, from the process, requirements, and costs, to disputes and strategies for long-term protection.
Registering a trademark in Panama is more than an administrative procedure: it is the legal foundation to protect your business identity.
Key benefits include:
Exclusive legal protection: No one else can use your trademark, avoiding market confusion.
Prevention of plagiarism: Ensures that your investment in marketing and branding is not compromised.
Commercial value: A registered trademark can be sold, licensed, or franchised, increasing the company’s assets.
Litigation support: Allows legal actions against those who infringe your trademark rights.
Competitive advantage: A registered trademark builds customer trust and loyalty.
The Ministry of Commerce and Industries (MICI), through the Directorate General of the Industrial Property Registry (DIGERPI), is the authority responsible for granting and supervising trademark registrations in Panama.
Although anyone can apply to register a trademark, it is mandatory to have a lawyer in Panama representing the applicant before DIGERPI.
A specialized intellectual property lawyer provides essential services:
Legal advice: Evaluates the feasibility of the trademark and conducts prior searches to avoid conflicts.
Application processing: Prepares and submits the formal application to DIGERPI.
Administrative follow-up: Responds to objections, oppositions, or official requests.
Litigation defense: Represents the trademark owner in legal disputes and infringement cases.
Having a lawyer ensures the process is efficient and reduces the likelihood of rejection or delays.
The trademark registration process in Panama follows a clear procedure, divided into several stages:
Before submitting the application, it is recommended to conduct a prior search in DIGERPI’s database to ensure the trademark is not already registered by another party.
This helps:
Avoid rejection due to similarity with existing trademarks.
Identify potential oppositions.
Evaluate protection strategies in different product or service classes.
The application must include:
Complete information of the applicant (natural or legal person).
Clear and precise description of the trademark.
Product or service class according to the International Classification of Nizza.
Required documentation (stickers, sworn statement, etc.).
Once the documents are gathered, the lawyer submits the application to DIGERPI. Registration can take 6 to 8 months, depending on workload and any oppositions.
DIGERPI publishes the application to allow third parties to file oppositions if they believe the trademark affects their rights.
If there is no opposition, the trademark proceeds to approval and final registration.
The necessary documents include:
Six trademark stickers (one attached to the formal application and the rest as annexes).
Sworn statement regarding the use of the trademark.
Formal application with fiscal stamps for USD 8.00.
Official trademark registration form with fiscal stamps for USD 8.00.
Priority claim (if applicable according to international agreements).
Notarized copy of the Business Operation Notice.
Authorization letter if the applicant is not the primary owner.
Power of Attorney for the lawyer representing the applicant.
For foreigners: Certificate of corporate validity issued by the relevant authority in the country of origin.
The official cost depends on the duration of protection requested:
10-year protection:
USD 104.50 – Ministry of Economy and Finance.
USD 19.20 – Ministry of Commerce and Industries (DIGERPI).
5-year protection:
USD 54.50 – Ministry of Economy and Finance.
USD 19.20 – Ministry of Commerce and Industries (DIGERPI).
Professional lawyer fees are additional to these official costs.
In Panama, different types of trademarks can be registered:
Word marks: Words, names, or letters.
Figurative marks: Images, logos, or symbols.
Combined marks: Combination of words and images.
Three-dimensional marks: Physical product shapes.
Collective marks: Used by associations or groups of companies.
Certification marks: Guarantee quality, origin, or specific characteristics.
Registering your trademark in the correct class is essential for effective legal protection.
Trademark conflicts are common and may include:
Unauthorized use of a registered trademark.
Registration of similar trademarks causing confusion.
Breach of licensing agreements.
Unfair competition or counterfeiting.
A specialized lawyer can file:
Cancellation actions.
Trademark infringement lawsuits.
Requests for precautionary measures to stop unauthorized use.
Conduct a thorough prior search before filing the application.
Register the trademark in all relevant product or service classes.
Keep documentation organized and up-to-date.
Renew the registration before expiration (5 or 10 years).
Act quickly against any detected infringement.
Q: Can a foreigner register a trademark in Panama?
A: Yes, as long as they have legal representation through a licensed Panamanian lawyer and meet all documentary requirements.
Q: How long does trademark protection last in Panama?
A: Protection can be for 5 or 10 years and is renewable indefinitely.
Q: Can the same trademark be registered in different classes?
A: Yes, it is advisable to register the trademark in all applicable classes to protect different products or services.
Q: What should I do if another company uses my trademark without authorization?
A: Contact a specialized lawyer to initiate legal actions for infringement and precautionary measures.
Case 1: A food company registered its logo and name in three different classes. When a competitor tried to use a similar name, the registration allowed them to legally stop the action.
Case 2: A tech start-up registered its trademark as both a word and figurative mark. Later, a third party tried to register an identical mark in another class. Thanks to the prior registration, the start-up filed an opposition and won.
Trademark registration in Panama is primarily governed by:
Law 35 of 1996 on Industrial Property.
Regulations of the Directorate General of Industrial Property Registry (DIGERPI).
International agreements signed by Panama, such as the Madrid Protocol and WIPO treaties.
Complying with these regulations ensures your trademark is protected nationally and internationally.
The trademark registration process in Panama is a strategic and legally fundamental step to protect your business identity. Having a specialized lawyer ensures that all steps are properly executed and that your trademark has solid backing against any infringement.
Investing in trademark registration not only safeguards your business but also increases its commercial value and builds trust with customers and strategic partners.
Our team of intellectual property experts can guide you from the initial search to the legal defense of your trademark.
If you want to register a trademark or have any type of problem regarding a registered trademark, do not hesitate to contact us.
