General Considerations

Pardini & Associates has a complete IP Group prepared to assist you in any intellectual property matter.

I. Definition

Panama law defines trademark as all signs, word or combination of these elements or any other medium that, by its characteristics, may individual a commercial product or service.

II. Registration Procedure

The registration procedure of trademarks is handled administratively through the General Directorate of Registration of Industrial Property (“DIGERPI”) of the Ministry of Commerce and Industry. Once the petition for registration is filed, it will be published in the Industrial Property Bulletin for a period of three (3) months within which, if the mark has not been subject to opposition, the permanent registration is granted.

III. Protection Period

The period for the protection of trademarks registered in Panama is of ten (10) years, counted as of the date of the issuance of the certificate of registration, and renewable for equal periods of time.

IV. Classification of Goods and Services

With regard to the classification of goods and services, Panama has adopted the International Classification of Goods and Services, whereby an application for a trade or service mark can only cover one (1) class of goods or services. This means that if a mark is desired to cover several classes of goods or services, it will be necessary to apply separately for each good or service.

V. Opposition, Unfair Trading, Non Use, Misrepresentation and Infringement Proceedings

These proceedings are handled through the Commercial Courts of the Judicial Branch of the Republic of Panama.

VI. International Agreements

Panamanian law is in accordance to the following international agreements:

1. General Inter-American Convention for Trademark and Commercial Protection.
2. International Classification of Trademarks for Products and Services.
3. Stockholm Convention establishing the World Intellectual Property Organization.
4. Paris Convention for the protection of industrial property of March 20, 1883 (ratified by Panama by Law Nº 41 of July 13, 1995).
5. Lisboa
6. OMC
7. TRIPS

VII. Preliminary Search and Investigations

Investigations of a trade or service mark must be requested by a qualified law firm to the Department of Industrial Property of the Ministry of Commerce. Results can be obtained within two weeks of application.

Requirements to Register a Foreign Trademark, Tradename or Service Mark in Panama

1. Power of Attorney in favor of PARDINI & ASSOCIATES duly notarized and legalized by a Panama Consul in the place of origin or by “Apostille”.

2. In the case of foreign companies, the Power of Attorney should include a declaration or notarial certification with respect to its existence and legal representation. Alternatively, the client needs to provide a good standing certificate issued by the authorized officer (Companies Registrar or other similar authority) of the country of incorporation.

3. Denomination, design or print showing the Trademark, Trade name or Service Mark, as it is wished to be registered.

4. Copy of the Certificate of Registration or Application for Registration from the Country of Origin, which must show the class and expiration date; duly notarized and legalized by the Panamanian Consul in the place of origin or by “Apostille”.

5. Information regarding the use of the mark in the Republic of Panama or International Commerce.

6. Sworn declaration attesting to have rights to the service mark, duly notarized and legalized by the Panamanian Consul in the place of origin or by “Apostille”.

7. Ten (10) labels of the mark, or its figure representation.

Power of Attorney

The undersigned ___________________, (male/female), (civil status), (passport No.), acting in his/her capacity as _______________ of ________________ (full name of the company), a Corporation duly incorporated and existing under the Laws of _____________________, domiciled at ____________________________, does hereby appoint PARDINI & ASSOCIATES, a law firm constituted and existing pursuant to the laws of the Republic of Panama, with offices at Plaza 2000 Tower, 10th Floor, 53rd East Street, Panama City, Republic of Panama, where they may receive service of proceedings, as its attorneys-in-fact, for the purpose of appearing for and obtaining the registration of any trademarks, tradenames, service marks, patent of invention, or any other forms of industrial property in which the grantor of this power of attorney may have an interest.

PARDINI & ASSOCIATES is hereby empowered to file the necessary applications, to prepare and issue descriptions and drawings, to file amendments, corrections, protests, declarations, affidavits, appeals, oppositions, and objections, to pay taxes and fees, to request certificates and files, to withdraw or abandon petitions, to request and receive refunds and, in general, to execute any and all acts which may be necessary or convenient to the interest of the applicant, with full power of substation and revocation.

Done and signed at _____________, on ___________ of _________________of 200__.

_______________________________ (signature)*

Sworn Declaration

The undersigned, _________________, declares as follows: that the undersigned is the ______________ of __________________, a Corporation duly incorporation and existing under the Laws of the _______________________, domiciled at ___________________________ is a corporation which provides ________________ services all over the world and has been using its trademark in many countries in commerce since many years in connection with services in International Classes; that ___________________ has already been were in use in international commerce prior to the date of application for registration of our trademark in Panama; and that all statements made herein of the undersigned’s knowledge are true and that all statements made on information and belief are believed to be true.

Done and signed at ___________, on _________________ of ______________________ of 200__.

_____________________________ (signature)

*NOTE: ALL DOCUMENTS ARE REQURIED TO BE DULY NOTARIZED AND LEGALIZED BEFORE THE NEAREST PANAMANIAN CONSULATE OR BY MEANS OF “APOSTILLE”.

Schedule of Fees