The short answer
A Panamanian trademark registration lasts 10 years from the filing date and can be renewed indefinitely for equal periods. Renewal can be requested from 1 year before expiry to 6 months after, with a surcharge in the last 6 months. After publication, anyone has 2 months to file an opposition. Registration ends for 5 consecutive years of non-use. The application must be filed by an attorney.
Trademark deadlines in Panama at a glance
These rules come from Law No. 35 of 10 May 1996 on Industrial Property, as amended by Law No. 61 of 2012, in the official consolidated text (texto único) published by the Ministry of Commerce and Industries. The text is in Spanish. Later changes and fees can apply, so we confirm them with DIGERPI before we file.
| Question | Answer |
|---|---|
| How long does a trademark last? | 10 years, renewable indefinitely for equal periods (Article 109). |
| Which date does the term count from? | The date the application was filed (Article 109). |
| When can I renew? | The renewal request must be filed within the period running from the year immediately before expiry to the 6 months after expiry. Renewal is not published and cannot be opposed, and it takes effect from the previous expiry date (Articles 110 and 111). |
| Is there a grace period? | Yes. The request can be made in the 6 months after expiry with the surcharge set in the Law. During that time the registration keeps full validity. If no request is made by the end, the registration lapses by operation of law (Article 110). |
| Opposition period | During 2 months from the day after the publication in the official industrial property bulletin (BORPI), any person can file an opposition to the registration. If there is no opposition, the registration is ordered and the certificate issued (Articles 106 and 107). |
| Reply to an office action | DIGERPI first checks form, then substance. If it finds a prohibition it issues a reasoned decision rejecting the registration and files the application (Articles 104 and 105). A rejection can be challenged under the Law and the administrative procedure. |
| Priority claim | The Law recognises a priority date when the application is first filed abroad, and priority is claimed through the Paris Convention, which gives 6 months for trademarks (Articles 97 and 106). We confirm the documents DIGERPI requires for the priority claim. |
| Non-use | The right in a registered mark ends by cancellation, among other causes, when the mark has not been used for more than five consecutive years (Article 138(2)). Any person who believes they have the right can ask for cancellation, and use by the owner or a licensee counts (Articles 101 and 124). |
| Assignment | Mergers and changes of the owner's name or domicile must be recorded to have effect against third parties (Article 128). Licences are recorded under Articles 121 to 125, and marks count as property that can be assigned (Article 129). |
Who can register a trademark in Panama
Any person can apply, through an attorney. One application covers one mark, with goods and services in the international classification (Articles 93, 94 and 102).
Representation. The application must be filed through an attorney (abogado) on the official form, and it must give the name and address of the legal attorney (Article 102). Foreign applicants therefore need a Panamanian attorney, who also receives notices.
Trademark registration process in Panama
Search
- Search the the General Directorate of Industrial Property Registry (DIGERPI) of the Ministry of Commerce and Industries records for identical or similar marks in your classes.
File the application
- File with the the General Directorate of Industrial Property Registry (DIGERPI) of the Ministry of Commerce and Industries, through your Panamanian attorney.
- Claim priority at filing if you filed abroad recently.
Examination
- The office examines the application and tells you in writing if there is a problem. We reply within the time set in the notice.
Publication and opposition
- An accepted application is published.
- The application is published once in the BORPI, and anyone can oppose within 2 months from the next day (Articles 106 and 107).
Registration
- If there is no opposition, or it fails, the mark is registered and a certificate is issued.
Official fees are set by the the General Directorate of Industrial Property Registry (DIGERPI) of the Ministry of Commerce and Industries and change. We confirm the current fee for your classes before we quote, so the figure you see is the one that applies on the day.
Panama trademark validity and renewal
- The term is 10 years from the filing date.
- File the renewal request from 1 year before to 6 months after expiry.
- A surcharge applies in the 6 months after expiry, and the registration keeps full validity.
- Use the mark in Panama to avoid cancellation after 5 consecutive years.
Diarise the expiry date from the date stated on your certificate and renew early.
Assignment, licence and changes to a Panamanian trademark
Name or domicile
Change of details
Record the change, merger or new name with DIGERPI so it binds third parties (Article 128).
Licence
Licensing the mark
A licence is recorded on application and fee (Articles 121 to 125).
Collective marks
Associations
The Law regulates collective and certification marks (Articles 113 to 120).
Division
Several classes
A multi-class registration can be separated (Article 93-A).
Non-use and cancellation of a Panamanian trademark
Under Article 138, the right in a registered mark ends by cancellation, including for 5 consecutive years of non-use. Under Article 142, a registration is null on specified grounds, and under Article 139 any person with a right can ask for nullity or cancellation.
Keep dated proof of use in Panama: invoices, packaging, advertising and website pages that show the mark with the goods or services.
How to check a trademark in Panama
Search the DIGERPI trademark database and the BORPI bulletin, where applications are published once. The 2-month opposition period runs from the next day.
Sources used
- Law No. 35 of 10 May 1996 on Industrial Property, as amended by Law No. 61 of 2012, official consolidated text (texto único) published by the Ministry of Commerce and Industries: Articles 93, 97, 101, 102, 104 to 107, 109 to 111, 128 and 138.
- DIGERPI for forms, fees and the register.
Panama trademark FAQ
How long does a trademark last in Panama, and from when?
10 years, renewable indefinitely for equal periods (Article 109). It counts from the filing date (Article 109).
When should I renew a Panamanian trademark, and is there a grace period?
The renewal request must be filed within the period running from the year immediately before expiry to the 6 months after expiry. Renewal is not published and cannot be opposed, and it takes effect from the previous expiry date (Articles 110 and 111).
What is the opposition period in Panama?
During 2 months from the day after the publication in the official industrial property bulletin (BORPI), any person can file an opposition to the registration. If there is no opposition, the registration is ordered and the certificate issued (Articles 106 and 107).
How much does it cost to register a trademark in Panama?
The official fee is set by the the General Directorate of Industrial Property Registry (DIGERPI) of the Ministry of Commerce and Industries and changes. We confirm the current fee for your classes and quote the full cost before filing.
Can a foreign company register a trademark in Panama?
Yes, but the application is filed through a Panamanian attorney, who also holds the power of attorney and receives notices (Article 102).
Can I assign a Panamanian trademark?
Mergers and changes of the owner's name or domicile must be recorded to have effect against third parties (Article 128). Licences are recorded under Articles 121 to 125, and marks count as property that can be assigned (Article 129).
Can a Panamanian trademark be cancelled for non-use?
The right in a registered mark ends by cancellation, among other causes, when the mark has not been used for more than five consecutive years (Article 138(2)). Any person who believes they have the right can ask for cancellation, and use by the owner or a licensee counts (Articles 101 and 124).
How can I check the status of a Panamanian trademark?
Use the the General Directorate of Industrial Property Registry (DIGERPI) of the Ministry of Commerce and Industries register and check the publication, registration and renewal dates.
Can I claim priority from my home country?
The Law recognises a priority date when the application is first filed abroad, and priority is claimed through the Paris Convention, which gives 6 months for trademarks (Articles 97 and 106). We confirm the documents DIGERPI requires for the priority claim.
How do I change the owner's name or address?
Record the change with the the General Directorate of Industrial Property Registry (DIGERPI) of the Ministry of Commerce and Industries so notices and renewal reminders reach the right address. Ask us for the current form.
Protect your brand in Panama
SUPREMEiP® files trademarks worldwide through its network and checks every Panamanian deadline against the law. Send us your mark and we will tell you the route, the deadlines and the cost.
