Trademark opposition process in Panama

Overview

In order to register a trademark in Panama, a series of requirements must be met. The General Directorate of Industrial Property Registration (DIGERPI) is in charge of evaluating the registration application for publication in the Official Bulletin of Industrial Property (BORPI). In this way, any interested person may file before the corresponding court an opposition to the requested registration within a term of two months counted from the date of publication.


Grounds for trademark opposition

According to the Aspects of Intellectual Property Rights, these are some absolute grounds for opposition:

Conformity with the trademark definition:

The trademark definition does not comply with the currently accepted international definition. Non-compliance with requirements of the trademark definition, such as being visually perceptible or capable of being represented graphically, constitutes a possible ground for opposition.

Official signs and emblems:

Official signs and emblems of States and international intergovernmental organizations are protected against unauthorized use and registration as trademarks.

You can also oppose the registration of a trademark if you want to register a trademark identical or similar with orthographic, graphic, phonetic, visual aspects to a previously used, in process of registration or currently registered trademark.


Trademark oposition process

In Panama, trademark oppositions are not an administrative matter, but a judicial process. After the opposition application is filed, the process continues in the civil courts of free competition and consumer affairs, with a duration of at least one year until a final resolution is reached.

Contact us

The Kraemer & Kraemer team can assist you in this process. Contact us at info@kraemerlaw.com for more information.