PANAMA Law and Practice Contributed by: Rafael Rivera, Malvis Mina, Nicole Pérez and Carolina Lino, BDO Panama
are not binding or recognised by law, they are commonly used in practice and are acceptable. 7.2 Trade Marks Industrial property law has a wide scope when classifying distinctive signs that might be pro - tected by trade marks such as words, images, 3D forms, colours, sounds, colours or flavours, indication of origin and geographical indications. Application Process Trade mark application is handled at the Direc - torate of Intellectual Property (DIGERPI). Since Panama is a member of the Trademark Law Treaty, the process does not require major for - malities, for example a soft copy without any legalisation of the power of attorney is sufficient for the application. Availability searches are not mandatory, but are highly recommended. After submitting application, it usually, takes between nine to 12 months to obtain a trade mark in Panama. The application will first under - go an examination of the form and subject mat - ter requirements, during which the examiner can issue a request to amend the application or a rejection if there is a lack of subject matter or if the trade mark incurs one of the causes that impedes protection. In the case of a rejec - tion, the applicant can request a reconsideration before the same examiner or appeal to the deci - sion to the Minister of Commerce and Industry. If no rejection or request to amend is filed, the application will be published for two months, which commences the opposition procedure. After publication, any third party that considers their right, whether registered or not, is affected by the application, has the right to file an oppo - sition. Once an opposition is filed, this proce - dure will be resolved in the Judicial branch in the Commerce and Competition Courts. Opposition
proceedings may take a minimum of one year to be resolved. If there is no opposition within the opposition term, the trade mark will be granted for a period of ten years, renewable for the same period. Renewal must be done before the expiration date, if not a grace period of six months is grant - ed. Failure to comply with this period will result in the expiration of the trade mark. It is important to note that applicants might apply for a trade mark for a period of five years Even though the trade mark registration is given by the PTO, it is important to also register the trade mark in key zones and authorities to pro - actively tackle counterfeit products within the commerce or importation, exportation or transit throughout Panama. Registration of the trade mark title, as well as specimens of the products, with the Trade Zones and the National Authority of Customs enables entities to promptly identify counterfeit products and to stop them before they reach their desti - nation or enter Panamanian commerce. Once the products are seized, the trade mark owner can start a counterfeit procedure in Panama. It is important to note that not having registered the trade marks in these authorities will not affect the ability of the trade mark owner to take measures against counterfeits, however, such a measure provides another source of enforcement. Remedies All remedies in Panama are resolved in the judi - cial branch in the Commerce and Competence Courts. Cease and desist letters are commonly used but not recognised by law. Trade mark instead of ten years. Special Registrations
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