Trademark Registration Process in Panama

Rebeca Muñoz, LLM

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1. Substantive Examination:

   • Duration: Typically spans 3 to 4 months.

   • Purpose: This step is crucial for verifying the trademark's compliance with Panamanian laws and ensuring that it does not infringe upon the rights of existing trademarks held by third parties. It involves a comprehensive assessment by the Trademark Office, known as DIGERPI.

   • Outcome: If the trademark application passes this rigorous examination without any defects, it will be publicized in the Official Industrial Property Bulletin (BORPI), marking a pivotal moment in the registration process.

2. Publication (Oppositions):

   • Duration: There is a 2-month window for third parties to file opposition claims post-publication.

   • Purpose: This stage serves as an opportunity for any parties who believe that the trademark could infringe upon their rights to come forward and formally oppose the registration. Such opposition claims are crucial for maintaining a fair and competitive marketplace.

   • Recommendation: To facilitate a smoother transition to the next phase, it is advisable to wait an additional 15 days after the opposition period before proceeding with the registration. This allows adequate time for any notifications to be made to the Trademark Office regarding potential opposition.

3. Granting and Issuance of the Registration Certificate:

   • Duration: This final stage typically takes an additional 3 to 4 months after the opposition period concludes, assuming no opposition claims are filed.

   • Outcome: If the opposition period elapses without any claims, the trademark is officially granted.

   • Protection: It is important to note that trademark protection is effective from the date of submission to DIGERPI, which means that the registration date on the Certificate will accurately reflect the application submission date.

   • Duration of Protection: Once granted, the trademark enjoys protection for a period of 10 years from the application date, with the valuable option for trademark holders to renew their rights indefinitely for additional 10-year terms.

This structured process ensures that trademark holders in Panama receive robust legal protection for their intellectual property rights, fostering a secure and equitable business environment.

TL;DR

The trademark registration process in Panama is a process that could take about 8 to 10 months and is divided into three main stages: 1) Substantive Examination (3 to 4 months) to check compliance with laws and third-party rights; 2) Publication and Oppositions, where third parties can oppose the trademark within 2 months; and 3) Granting and Issuance of the Registration Certificate (3 to 4 months post-opposition). Trademark protection begins from the application submission date and lasts for 10 years, with options for indefinite 10-year renewals.

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