Trademarks in Panama

Competent Authority

• Office Name: Directorate General of the Industrial Property Registry / Dirección General del Registro de la Propiedad Industrial (DIGERPI), operating under the Ministry of Commerce and Industries (Ministerio de Comercio e Industrias - MICI).
• Working Language: Spanish. All official documents and applications must be filed in Spanish.
• System Type: National system.

International Treaties

• Paris Convention: Member. Priority can be claimed within 6 months from the first foreign filing date.
• Madrid Protocol: Not a member. International registrations under the Madrid System cannot designate Panama. Trademark protection must be secured through a direct national filing before DIGERPI.

Applicant Eligibility & Representation

• Eligible Applicants: Natural persons and legal entities (both foreign and domestic).
• Local Representation / Agent Requirements:
• Foreign applicants without a domicile or real and effective commercial establishment in Panama must be represented by a licensed Panamanian representative/trademark agent.
• Foreign applicants must designate a domicile/address for service in Panama.
• Power of Attorney (POA): Required. A simply signed Power of Attorney is accepted by DIGERPI; formal notarization or consular legalization/Apostille is not required for standard trademark filings.

Online Application & Search Database

• Electronic Filing: Available via DIGERPI’s online filing platform (Sistema de Solicitudes en Línea).
• Public Search Database: DIGERPI provides an official online database for searching registered trademarks and pending applications.

Registrable Mark Types

• Standard & Non-Traditional Marks: Word marks, figurative/design marks, slogans (expresiones o señales de propaganda), trade names (nombres comerciales), 3D shapes/packaging, sound marks, olfactory (scent) marks, holograms, and distinct color combinations per se.
• Translation & Transliteration: Marks incorporating non-Spanish words or non-Latin scripts require an accurate Spanish translation and phonetic transliteration.

Classification System

• Classification Standard: Nice Classification system.
• Multi-Class Applications: Allowed. Applicants may cover multiple classes in a single application.
• Class Headings: Class headings are accepted provided the listed terms clearly identify the goods and services; specific itemization matching Nice standard terms is recommended to prevent clarity objections.
• Class Fees: Per-class fee structure applies.

Examination

• Examination Sequence: DIGERPI conducts Formal Examination to verify document compliance followed by Substantive Examination (absolute and relative grounds) before issuing a publication order.
• Absolute Grounds: Examined for distinctiveness, generic terms, descriptiveness, deceptiveness, public policy, and morality.
• Relative Grounds (Prior Rights): Examined ex officio for likelihood of confusion against prior registered marks or pending applications.
• Office Actions: Applicants are granted a statutory response period (typically 2 months, extendable) to respond to official objections or formal requirements issued by the examiner.

Publication & Opposition

• Publication: Once the application clears examination, it is published in the official Industrial Property Bulletin (Boletín Oficial de la Propiedad Industrial).
• Opposition Period: 2 months starting from the business day following the publication date in the Bulletin.
• Eligible Opponents: Any third party who considers that the published mark infringes their prior rights or violates statutory registrability provisions.
• Jurisdiction Note: If an opposition is formally contested, opposition proceedings in Panama fall under the jurisdiction of the Specialized Maritime and Commercial Courts (Juzgados de Comercio) rather than solely administrative board resolution.

Timeframe & Acceleration

• Average Timeframe: A smooth, un-opposed trademark application typically takes 6 to 10 months from filing to registration certificate issuance.
• Expedited Examination: There is no official fast-track or expedited examination fee mechanism available at DIGERPI; applications are processed strictly in chronological order.

Official Fees

(Official fees payable to DIGERPI in US Dollars - USD; Panama uses USD as legal tender)

• Application Filing Fee (First Class): USD $120.00 – $150.00 approx.
• Additional Class Fee: Surcharge per additional class designated in a multi-class filing.
• Registration / Certificate Issuance Fee: USD $50.00 – $75.00 approx. payable upon final approval.
• Renewal Fee (10 Years / per class): USD $100.00 – $150.00 approx.
• Grace Period Renewal Surcharge: Additional late penalty fee applies.

Term of Protection & Renewal

• Protection Period: 10 years calculated from the application filing date.
• Renewal Requirements: Renewable for consecutive 10-year terms indefinitely. Renewal applications can be filed up to 12 months prior to the expiration date.
• Grace Period: A 6-month grace period is granted after the expiration date to file for late renewal, subject to a late surcharge penalty.

Use Requirements & First-to-File vs. First-to-Use

• First-to-File vs. First-to-Use System: Panama operates primarily on a First-to-File basis. However, prior continuous commercial use in Panama creates a preferred prior right that can serve as grounds to oppose or contest a third-party registration.
• Declaration of Use: Not required prior to registration or during routine 10-year renewal filings. (A statement of actual use or intent to use is declared within the initial application).
• Non-Use Cancellation: A registered trademark becomes vulnerable to non-use cancellation by an interested third party if it has not been genuinely used in trade within Panama for 5 consecutive years following registration, unless legitimate reasons for non-use exist.

Post-Registration Transactions

• Assignments & Transfers: Assignments must be recorded with DIGERPI to be legally effective against third parties. A signed Deed of Assignment (notarized and Apostilled or legalized) and a POA are required.
• Licensing: Trademark license agreements must be officially recorded with DIGERPI to produce legal effect against third parties.
• Changes of Name/Address: Official recording with DIGERPI is required to maintain accurate ownership title.

Enforcement & Legal Remedies

• Tribunals & Courts:
• DIGERPI: Administrative body overseeing trademark prosecution, renewals, and administrative recordals.
• Commercial Courts (Juzgados Civil de Comercio): Specialized courts that hear judicial trademark infringement lawsuits, opposition litigation, damage claims, and non-use cancellation trials.
• Intellectual Property Prosecutor's Office (Fiscalía Especializada en Delitos contra la Propiedad Intelectual): Handles criminal prosecution for counterfeiting and trademark crimes.
• Well-Known Marks: Protected under Law No. 35 of 1996 and Article 6bis of the Paris Convention.
• Customs Enforcement: Brand owners can register trademarks with the National Customs Authority (Autoridad Nacional de Aduanas - ANA) IP Registry to monitor imports, inspect shipments, and detain counterfeit merchandise at ports, borders, and the Colón Free Trade Zone.

Country-Specific Risks & Practical Notes

• Simplified Documentation: Unlike many Latin American registries that strictly mandate consular legalization or Apostille for power of attorney documents, DIGERPI accepts a simply signed Power of Attorney for routine representation.
• Judicial Opposition Procedure: When an opposition is filed in Panama, the dispute transitions into a judicial process before specialized Commercial Courts, making opposition defense more formal and litigious than strictly administrative board reviews.
• Colón Free Trade Zone Strategic Importance: Due to the high volume of international transshipments passing through the Colón Free Trade Zone (Zona Franca de Colón), recording registered trademarks with Panamanian Customs (ANA) is a vital enforcement tool for global brand owners.

This article is for informational purposes only and does not constitute legal advice or consultation. To receive personalized and in-depth guidance tailored to your specific situation, we invite you to schedule a consultation.