Intellectual Property and Trademark Registration in Panama
We offer our professional services in intellectual property, managing advisories in areas such as copyright, trademarks, patents, trade secrets, licenses, industrial designs, and utility models. Panama has excellent laws for protecting intellectual property rights, and that is adequate to cope with the constant changes in matter. Our country is also a signatory to the most important agreements on it.
Castro & Castro has a specialized team on Intellectual Property, which will provide full support, not only in the registration process of a trademark but also in the development of all agreements, licenses, and mechanisms to ensure excellent protection of the same. We are aware of the importance of intellectual property rights, and that is why we offer complete advice on the protection and defense of your rights.
A trademark is any sign, word, or combination of these elements, or any means that, due to its characteristics, can identify a product or service in commerce.
- Words or words combinations (denominative).
- Images, figures, symbols, and graphics (figurative).
- Words and pictures or illustrations (mixed).
- Letters, numbers, and their combinations, when they are made up of distinctive elements.
- Three-dimensional shapes, including wrapping, packaging, the form of the product, or its presentation and holograms.
- Colors in their different combinations.
- Sounds.
- Smells or flavors.
- Any combination of the elements that, by way of example, are mentioned in the preceding paragraphs.
Word (Denominative), Figurative and Mixed trademarks.
A natural or legal person obtains the right to register a trademark by its use. By registering the trademark, the person receives exclusive use right.
- The registration of a trademark gives the owner (legal or natural person) the exclusive right to use and market the goods and services covered by it.
- Separate companies might be eligible for licensing your trademark, which would constitute an additional revenue source.
- Trademarks may be the subject of franchise agreements.
- Natural or legal entities that use your registered trademark without permission might confront legal actions.
- Forfeiture of Counterfeit Goods.
- Awards damages actions for the unauthorized use of your trademark.
- Power of attorney granted to an attorney by the owner of the trademark.
- Affidavit /Sworn Statement of use of the trademark.
- Description of the trademark.
- Three (3) trademark samples.
- Suppose the trademark has been registered in another country. In that case, it will be required the trademark registration of the country of origin authenticated by a notary public and legalized by the Panamanian Consulate of said country or by means of the Apostille.
- Proof of payment of fees and rights corresponding to publication, registration, and recording.
Due to its intensive use in the market and advertising, a famous trademark is understood to be one that has spread widely without losing its distinctive strength and is known by the general public.
A notorious trademark is one with the same characteristics and is known to the target group of consumers.
Any natural or legal person, national or international, can register a trademark in the Republic of Panama.
The processing time for the registration of a trademark is approximately nine months. The duration of the registration is for a period of 10 years, counted from the date of the filing of the application for registration and can be renewed indefinitely for equal periods, provided that this is requested within the term between the immediately preceding year and the six months following the expiration date of the respective registration. Once this term has expired without the renewal being requested, the registration will expire as of right.
An invention is an idea applicable in practice to the solution of a specific technical problem. An invention can be a product and/or a procedure. The invention of a product includes, among others, any substance, composition or material, and any article, apparatus, machine, equipment, mechanism, device, or other tangible object or result, as well as any of its parts. An invention of a procedure comprises, among others, any method, system, or sequence of stages leading to the manufacture or obtaining of a product or result.
A Utility Model is any form, configuration, or arrangement of elements of any artifact, tool, instrument, mechanism or other objects, or any of its parts, that allows a better or different operation, use, or manufacture of the object to which it is incorporated, or that it provides you with some utility, advantage or technical effect that you did not have before.
An industrial model is any three-dimensional shape that serves as a type or pattern for the manufacture of an industrial process. It gives it a unique appearance as long as it does not involve special effects.
An Industrial Drawing is understood to be any combination of figures, lines, or colors incorporated into an industrial product for decoration purposes, and that gives it a unique and peculiar appearance.
The natural person who carries out an invention or utility model shall have the exclusive right to exploit its benefit, by itself or by others with its consent. This right will be granted through Patents, in the case of inventions, and Registries, in the utility model and industrial design. The holder of a Patent or Registration may be a natural or legal person.
The subject-matter of copyright is the work as a result of intellectual creation. Copyright works are among the works protected by the Law, especially the following:
- Works expressed in writing, including computer programs, lectures, addresses, sermons, and other works consisting of words expressed orally.
- Musical compositions, with or without lyrics, dramatic works/plays and dramatic-musical works, choreographic, pantomime work, audiovisual works, whatever the material contribution or procedure used.
- Photographic works and those expressed by a procedure analogous to photography.
- Fine art-works, including paintings, drawings, sculptures, engravings, and lithography.
- Architectural works, works of applied art, illustrations, maps, plans, sketches, and works related to geography, topography, architecture or science.
- Any literary, artistic, didactic, or scientific production capable of being disclosed or published by any means or procedure.
Because through the registration, all the circumstances related to it are certified. Thus, with legitimacy given by law; the record will attest, unless proof to the contrary, of the existence of the work, interpretation, phonographic or radio production and the fact of its disclosure and publication, as well as the authenticity and legal certainty of the acts and contracts that transfer totally or partially rights recognized by law.
