The existent law eliminates the distinction between "national" and "foreign" trademarks and recognizes and accepts the use of a trademark abroad to claim priority for registration purposes in Panama. According article 98 of the new Law, the right to the registration of a trademark is earned by means of the use of the trademark, and the right to the exclusive use of a trademark is earned by its registration.

On the other hand, Article 101 defines "use of a trademark" as the production, manufacture or processing of articles, goods merchandise or the rendering of a service distinguished with a brand together with their commercialization in local or foreign markets. Consistent with these new concepts, article 97 of the law states that the preference to the registration of a trademark will be recognized to the individual or company who has first used the trademark in commerce. In case that the trademark has not been used, the preference will be given to the individual or company who has first applied for the registration of the trademark in Panama or claims priority in the use of the trademark.

Trademarks are names or symbols used to identify the origin of some product or service. When registering a trademark you need to specify the products and services that will be associated with your trademark. The large majority of countries of the world have adopted the International Classification of Niza. This system groups all products and services into 45 classes -- 34 for products, 11 for services -- permitting you to specify precise and clear classes covering your trademark.

In our country there is no distinction between marks of commerce and trademarks or between national marks and foreign marks. The only distinction established by the law is between trademark used to distinguish goods and service mark in regards to services.

With the elimination of the distinction between national and foreign trademarks, the requirement of filing a certified copy of the home registration, or of the home application, in order to file a foreign trademark application in Panama is eliminated.

The protection that is offered to a registered trademark covers only the classes specified at the time of registration, therefore, allowing two identical trademarks to coexist in distinct classes. The agencies governments are in charge of the registration of trademarks for a given class, offering greater protection and greater investment.

Trademark Registration Process
After presentation of your Registration Request before the Trademarks Office ( TO ), is possible that the trademark may be rejected for several reasons -- similarity with another, very generic, famous outside the country, etc. The Reconsideration Resource consists of presenting a legal writing before the TO in an attempt to reverse the decision.

Once the TO approves the registration, the registration request must be published in the Official Bulletin so that third parties are informed of the request. If objections arise, a time limit of 30 days is established to present a Judicial Resource. Defense of Third Party Opposition consists on presenting a legal writing with arguments for defense of the trademark registration.

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