Filing without a prior search
If a confusingly similar trademark already exists in your class, the application is refused and the fee is not refunded. That is why a thorough review is not an optional step: it determines whether filing is worthwhile.
Trademarks and industrial property
Trademark registration in Panama
In Panama, a trademark does not belong to whoever uses it. It belongs to whoever registers it. And that is decided by a date, not a story.
- B/. 140.50official fee, first class
- 10 yearsrenewable indefinitely
- 6 to 8 monthsif no corrections are needed
- Through a lawyerrequired by law
The typical scenario
A business has been operating for years. It has customers, a reputation and a name people recognize. One day it receives a letter: someone else has registered that trademark and is asking it to stop using it.
The natural reaction is to think this cannot be right, that the name is yours because you have been using it for years.
But the law does not protect whoever uses it. It protects whoever registers it.
Nothing unusual so far, but a few concepts are worth reviewing.
What registration actually protects
Registration gives you the exclusive right to use that sign in Panama for the products or services you applied for. A name, a logo, a slogan, a combination of colors.
Two limits that almost nobody asks about in time.
It is territorial
A trademark registered in the United States or Spain does not protect you in Panama. If your business operates here, registration needs to be here.
It is category-specific
Trademarks are registered for specific classes under the Nice Classification: classes 1 to 34 cover goods, and classes 35 to 45 cover services. Registering your trademark for consulting does not protect you if someone uses it to sell clothing.
In practical terms: if you sell clothing and also run the store that sells it, those are two different classes. And each class is paid for separately.
What the law says about who files
Article 102 of Law 35 of 1996 establishes that the application must be filed before DIGERPI through a lawyer.
This is not a recommendation from our firm. It is in the legal text, and MICI itself publishes it that way. Any service offering to register your trademark without a Panamanian lawyer involved is leaving out the very first requirement of the process.
What you can register
- Word mark. The name alone, without a design. This provides the broadest protection for the word.
- Figurative mark. The logo or graphic element.
- Combined mark. The name and design as a whole.
- Trade name. The name under which your business operates.
- Advertising expression or sign. Your slogan.
The right choice depends on how you use the trademark. If your logo will change in two years but the name will not, registering only the combined version leaves you unprotected as soon as you redesign it.
What you need to file
Individual
- Copy of your national ID or passport
- Power of attorney authorizing the lawyer
- The sign, in the appropriate format
- The list of products or services, classified under Nice
Company
- Current Public Registry certificate
- Power of attorney granted by the legal representative
- The same trademark and classification elements
If the trademark is already registered in another country
You can claim priority, but the documents from the country of origin must be apostilled or authenticated by the Panamanian consulate in the country that issued them.
The process before DIGERPI
Step 1 of 6
Prior trademark search
We check whether an identical or confusingly similar trademark is already registered or pending. The law does not require it. Practice does: filing without a search is the most common way to lose the fee and eight months.
1. Prior trademark search: We check whether an identical or confusingly similar trademark is already registered or pending. The law does not require it. Practice does: filing without a search is the most common way to lose the fee and eight months.
2. Classification: We determine the classes that cover your actual activity. Much of the budget is decided here, because each additional class has a fee.
3. Filing: The application is filed before DIGERPI, part of the Ministry of Commerce and Industries, through a lawyer.
4. Examination and publication: DIGERPI checks that the application meets the requirements and that the sign is registrable. It is then published in the Official Industrial Property Bulletin.
5. Opposition: two months: From publication, third parties have two months to oppose the application if they believe the trademark affects their rights.
6. Grant: If there is no opposition, or it is resolved in your favor, DIGERPI issues the registration certificate.
What it costs
These are the official fees published by MICI. They are not our legal fees: they are what you pay the State.
| Trademark registration in one class, for ten years | B/. 140.50 |
|---|---|
| Each additional class | B/. 112.00 |
| Renewal, per class | B/. 134.00 |
MICI breaks down the B/. 140.50 as follows: B/. 100.00 for protection rights for the first ten years, B/. 4.50 for registration and B/. 36.00 in processing fees and surcharges.
Legal fees are added to these amounts and depend on the number of classes and whether there is a prior search, opposition or corrections. We provide them in writing before starting.
How long it takes
Between six and eight months from filing, if no corrections are needed. An opposition extends the timeline and makes it unpredictable, because it no longer depends on DIGERPI but on how the dispute is resolved.
The term runs from the filing date, not the grant date. The months spent processing are already part of your ten years.
How long it lasts and what happens if it expires
Ten years from filing, renewable indefinitely for equal periods. Article 109 of Law 35 of 1996.
If the trademark expires without renewal, the right is extinguished and any third party can apply for it. Ten years seem like a long time until they pass.
The mistakes we see most often
Under-classifying to save money
Registering one class when your business operates in three leaves the other two open. You save B/. 224 today and pay for a dispute tomorrow.
Registering only the logo
If you later change the design, your protection stays with the old design.
Using the trademark without registering it
Prior use carries weight, but defending it without registration is harder, slower and more expensive than registering in time.
Missing the renewal deadline
It is the most expensive mistake and the easiest to avoid. We keep track of expiry dates for our clients’ trademarks.
My take
Trademark registration is sold as paperwork and treated as an expense. In practice, it is the opposite: it is the only title that turns your trade name into an asset, and the only one that lets you defend it without starting the argument from scratch.
The real risk is not the cost of registration. It is the months spent operating under the belief that the trademark is already yours.
A trademark is not protected when you use it. It is protected when you register it.
Frequently asked questions
Yes. Article 102 of Law 35 of 1996 establishes that the application must be filed before DIGERPI through a lawyer. It is not optional.
The official fee is B/. 140.50 for the first class, covering ten years, and B/. 112.00 for each additional class. Legal fees are added to this and depend on the case.
No. You can register a trademark in Panama as a foreigner without living in the country. What you need is a Panamanian lawyer to file it.
Third parties have two months from publication to oppose it. A proceeding opens in which both parties present arguments, and many oppositions are resolved by agreement, by limiting classes or signing a coexistence consent. That is why the prior search matters: a thorough review reduces the likelihood of reaching that point.
Yes, and it is advisable. Prior use can help you defend your right, but it does not replace registration.
No. Protection is territorial. For other markets, you need to register in each country or use the applicable international systems.
Is your trademark available?
We carry out the prior trademark search and tell you whether filing is worthwhile, which classes you need and what it will cost. The first call is free and lasts 30 minutes.
Book a free callThis page provides general information about trademark registration in Panama and does not constitute legal advice for a specific case. The fees quoted are those published by the Ministry of Commerce and Industries and may change. Timelines depend on DIGERPI.