Panama Trade Mark Guide
Registration
A trade mark can be registered in Panama pursuant to the Law on Industrial Property (No. 35) of May 1996 (as amended) and the Executive Decree No. 7 of 1998 which provide for local trade mark applications.
The following information and documentation is required:
- name of the trade mark
- one copy of the mark (unless mark is word only)
- class(es) and specification of goods and/or services
- applicant’s name and address
- Power of Attorney (notarised and legalised / apostilled)
- Foreign corporations require a Certificate of Incorporation and a local address for service
- certified copy of priority document (if priority is claimed)
- Spanish translation of all of the above documents
It usually takes between 12-14 months for the Director General of the Industrial Property Registry at the National Board of Commerce in the Ministry of Commerce and Industries to process an application for registration. Paris Convention priority can be claimed. Once the registration is complete the Registry will issue a Registration Certificate.
Use
A registration may be cancelled if the trade mark is not used for five consecutive years in the domestic market of the Republic of Panama.
Classes
The International Classification system is used. Multi-class applications are allowed.
Searches
In order to conduct a search the only documentation required is the name of the trade mark and one sample of the mark (unless mark is word only). The result can usually be provided within two weeks.
Renewal
A trade mark registration is valid for 10 years after which it can be renewed for like periods. Two months before the renewal date we will send you an Expiry Notice asking whether you wish us to renew the registration or allow the mark to lapse. If the registration is to be renewed the only documentation required is a Power of Attorney (notarised and legalised / apostilled).
The application for renewal should be filed within 12 months prior to the expiration date of the registration. A grace period of six months, however, is allowed from the expiration date for the filing of the application for renewal upon payment of a late fee for each month or part of a month that has passed. After that time a new application for registration is required.
It usually takes 12 months or less for the Registry to process an application for renewal. Once the renewal is complete the Registry will issue a Certificate of Renewal.
If you do not wish to renew the mark please inform us so that we can advise the Registry accordingly.
Abandonment
Please inform us as soon as possible if you wish to abandon your trade mark or allow it to lapse so that we can update our records and advise the Registry accordingly. This will avoid us sending out unnecessary Reminder Notices.
Assignment
Please inform us as soon as possible if the trade mark has been assigned so that we can file an application to record the assignment in Panama.
To record the assignment of a trade mark registration the only documentation required is the Deed of Assignment (notarised and legalised / apostilled) and a Power of Attorney (notarised and legalised / apostilled).
It usually takes 12 months or less for the Registry to process an application to record an assignment. Once the recording is complete the Registry will issue a Certificate of Recording showing the assignment.
Change of Particulars
Please inform us as soon as possible if there is any change to the registration so that we can file an application to record the change in Panama.
To record a change of name and/or address for a trade mark registration the only documentation required is the Deed evidencing the change (notarised and legalised / apostilled) and a Power of Attorney (notarised and legalised / apostilled).
It usually takes 12 months or less for the Registry to process an application to record a Change of Particulars. Once the recording is complete the Registry will issue a Certificate of Recording showing the change.
Contact
E-mail: ip@hsmoffice.com
Tel: +1 (345) 949-4766
Mail:
PO Box 31726, Grand Cayman KY1-1207
Cayman Islands
Courier:
HSM, 68 Fort Street, George Town
Grand Cayman, Cayman Islands
MEMBERSHIPS
The firm is a member of INTA, CITMA, AIPLA and IPCA