TRADEMARK AND PATENT REGISTRATION IN THE REPUBLIC OF PANAMA

The Republic of Panama is signatory of multiple regulating international treaties on matter of Trademarks and Industrial an Intellectual Property. Our Law Firm has a Department specialized in the transaction, registry and opposition of trademarks and, anywhere in the world, maintains narrow collaboration with its offices of representation and correspondence, allowing us to register our clients trademarks in any country of the world. This is done with the sole purpose of giving our clients´ the security of having their creations protected in most suitable manner.

REQUIREMENTS FOR TRADEMARKS REGISTRATION IN PANAMA

  1. Power of Attorney granted by the President or authorized person to represent the corporation, by which we are empowered to request the registration of trademarks. This Power of Attorney must be granted before a Notary Public, who will give faith that the person granting such authorization is legally capable of doing so according to the organization of the corporation.
  2. Affidavit of President or authorized person to represent the corporation with respect to the property rights of corporation over the trademark wished to be registered. The mentioned affidavit must be given before a Notary Public.
  3. Certified copy of Registration Certificate of Trademark in its country of origin. In the event that the trademark is pending registration in the country of origin, the Panamanian Legislation allows the registration request to be presented with the ere attachment of a copy of the registration petition presented in the country of origin.

    When the registration application in Panama is based on the foreign registration petition, it is necessary to attach the Certificate of Registration within a year of its presentation; otherwise the Panamanian request will expire.
  4. If you wish to register a particular design or style for the trademark or if you wish to register its color, it is necessary to accompany the registration with ten (10) labels.

    The first three documents must be legalized before the Panamanian Consulate in the place of expedition. Notwithstanding, if the country of expedition is signatory of the Hague Convention of 1961, these documents would only need to bear the Apostille Seal.
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REQUIREMENTS FOR AN INVENTION PATENT REGISTRATION IN PANAMA

Any person, whether natural or juridical, national or foreign, may obtain the registration of a patent of invention in the Republic of Panama. This registration will warrantee them the exclusive rights over the mentioned invention for a maximum period of twenty (20) years in the case of national patents or maximum period of fifteen (15) years in the case of foreign patents.

Foreign patents can be registered in the Republic of Panama, as patents of confirmation or patents of revalidation for period of time not greater than fifteen (15) years. In the event that the foreign registration of the patent was given for shorter period of time than the one mentioned above, the Panamanian privilege of registration will be awarded for same period of time. When dealing with pharmaceutical patents, the registration period is of five (5) years and it is very difficult to get an extension on this registration.

The documents required to register a patent of invention in the Republic of Panama are as follow:

  1. Power of Attorney. If the inventor of the patent has conveyed the invention rights to a corporation, both parties must sign the mentioned Power of Attorney.
  2. Two (2) copies of specifications and replevin of the invention in Spanish.
  3. A design or drawing of the invention.
  4. Certified copy of the Registration Certificated of the Patent in the country of origin. If the title deed of registration has not been issued, it is permitted to proceed with a copy of the registration petition

If the registration petition presented in the Republic of Panama is based on its foreign registration, the corresponding Certificate of Basic Foreign Registry must be presented in Panama in order for the Panamanian registration to be granted. If the foreign registration is not awarded and presented within a year of the petition date in Panama , the said petition will expire unless certification of its continuing handling in the country of origin is presented.

All documents issued abroad must be in Spanish language and duly legalized before the pertinent Panamanian Consulate or bear the Apostille Seal.


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GARRIDO & GARRIDO Attorneys at Law
Panama, Samuel Lewis avenue and Gerardo Ortega street, Central Building, 3rd floor. Tel. +507 269-4416.
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