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Trademarks

All sign, word, combination of these elements or any other means that, by their characters, are susceptible to individualize a product or service.
They can constitute a trademark, among others, the following elements:

  • Words or combinations of words
  • Images, figures, symbols, and graphs
  • Three-dimensional shapes, Including the wrappers, packages, the ways of the product or its presentation and holograms,
  • Colors in its different combinations.
  • Any combination of elements with declarative character, are mentioned in the previous points.

How to process?

REQUIREMENTS TO REGISTER A TRADEMARK IN PANAMA

(Administrative Changes and Payments)

REGISTRY REQUEST

  • Power of Attorney
  • Sworn Declaration of the use of the trademark.
  • Certificate of the Public Registry (Panamanian entity).
  • Certificate of the Existence of the Entity, (Foreign Entity- Art.103, section 1).
  • Personal identification document or Personal Identity card - Photocopy (Panamanian Natural Person).
  • Photocopy of the Passport or Personal Identity card (Foreign Natural Person).
  • Six (6) labels (One glued to the request and the others, enclosed).
  • Payment to the Ministry of Economics and Finance:
    • USD$104.50 (10 years)
    • USD$54.50 (5 years)
  • Receipt of the General Direction office of Intellectual Property – Ministry of Commerce and Industries
    • USD$19.20
  • Tax stamp for the request
    • USD$4.00

REQUEST OF ADMINISTRATIVE CHANGE

RENOVATION

  • Power of Attorney or substitution of Power of Attorney.
  • Payment to the Ministry of Economics and Finance:
    • Renovation for Ten (10) years USD$110.00  /USD$4.00 Tax stamp
    • Renovation for Five (5) years USD$60.00  /USD$4.00 Tax stamp
  • Receipt of the General Direction office of Intellectual Property – Ministry of Commerce and Industries
    • USD$12.00

NOTE: For each renewal expired there is a penalty of USD$10.00 that will be applied monthly.

Article 110: The renovation of the registry of a Brand must be requested within the term of the current year and the six following subsequent months, to the expiration date of the registry. When this term expires without a request of renewal, the registry’s rights will lapse.  The renovation of the registry during the term of the six months later to its expiration date will be subject to pay the established surcharge. During this term, the registry will stay in force.
In the request for renovation, it won’t be allowed to make changes on the trademark, neither increases the list of products or services for which it was registered previously, however, the owner will be able to limit such list. In order to introduce changes or to add products or services, a new request will have to be done (Law # 35 of 10th of May of 1996).

TRANSFER and/or CESSION

  • Power of Attorney or substitution of Power of Attorney.
  • Liquidation of the Ministry of Economics and Finance.
    • USD$10.00
  • Receipt of the General Direction office of Intellectual Property – Ministry of Commerce and Industries
    • USD$6.00
  • Tax stamp USD$4.00

If it is a National society:

  • The Document of transference, authenticated by a Notary.
  • Certificate of the Public Registry of the Legal Existence of the New Society.

If it is a Foreign society:

  • Document of Conveyance, authenticated.
  • Certification of the Legal Existence of the Entity.
  • Translation (if it is in another language) and marginal note.

CHANGE BY FUSION

  • Power of Attorney or substitution of Power of Attorney.
  • Liquidation of the Ministry of Economics and Finance.
    • USD$10.00
  • Receipt of General Direction office of Intellectual Property – Ministry of Commerce and Industries
    •   USD$6.00
  • Document of Merge, authenticated by a Notary.
    • Translation (if it is in another language) and marginal note
    • Tax stamp USD$4.00

CHANGE OF DOMICILE

  • Power of Attorney or substitution of Power of Attorney.
  • Document of the Change of Domicile, authenticated.
  • Liquidation of the Ministry of Economics and Finance.
    • USD$10.00
  • Receipt of General Direction office of Intellectual Property – Ministry of Commerce and Industries.
    • USD$6.00
  • Translation (if it is in another language) and marginal note.
    • Tax stamp USD$4.00

Change of Name

  • Power of Attorney or substitution of Power of Attorney.
  • Document of the change of name, authenticated.
  • Liquidation of the Ministry of Economics and Finance.
    • USD$10.00
  • Receipt of General Direction office of Intellectual Property – Ministry of Commerce and Industries.
    • USD$6.00
  • Translation (if it is in another language) and marginal note.
  • Tax stamp USD$4.00

LICENSE OR AGREEMENT FOR USE.

Article 122: In order to obtain the inscription of a License of use for a trademark, a request to the General Direction office of Intellectual Property will be requested, by the intervention of an attorney at law, who which will present the following information:

  • Name of the Business, nationality or place of constitution, exact address and personal identification document or personal identity card; of both parties
  • Denomination and/or description of the trademark, with indication of the number and date of registry;
    Specifications of the products or the services for which they have been determined for the authorized use of the trademark.
  •  Type and term of duration of the License of use.

Article 123: The request that is being mentioned on the previous article will be accompanied by following documents:

  • Power of Attorney at law or the Certificate of Guarantee that the Article 103 mentioned.
  • The authenticated copy of the Contract or Act of the License of use of the trademark;
  • In case of a unofficial mandatory (one who acts for another without authority), will be applied the stipulated request in Article 103;
  • Liquidation of the Ministry of Economics and Finance.
    • USD$10.00
  • Receipt of General Direction office of Intellectual Property.
    • USD$6.00
  • Tax stamp USD$4.00

PRODUCT LIMITATION FOR REGISTERED TRADEMARKS

  • Power or substitution of Power
  • Liquidation of the Ministry of Economics and Finance.
    • USD$10.00
  • Receipt of General Direction office of Intellectual Property – Ministry of Commerce and Industries
    • USD$6.00
  • Tax stamp USD$4.00

PRODUCT LIMITATION FOR REQUESTS

  • Power of Attorney or substitution of Power of Attorney.
  • Receipt of General Direction office of Intellectual Property – Ministry of Commerce and Industries
    • USD$7.20
  • Tax stamp USD$4.00

MODIFICATIONS

  • Receipt of General Direction office of Intellectual Property – Ministry of Commerce and Industries
    • USD$7.20

RECLASSIFICATION

  • Liquidation of the Ministry of Economics and Finance.
    • USD$10.00
  • Receipt of General Direction office of Intellectual Property – Ministry of Commerce and Industries
    • USD$6.00
  • Tax stamp USD$4.00

All the payments that correspond to the Ministry of Economics and Finance must be made through branch of the National Bank of Panama using the Ticket of Payment of other Tributary Concepts in the box 580, determined for Industrial Property.