About Trademark Law in Panama City, Panama
Trademark Law in Panama City is primarily regulated by Law No. 35 of May 10, 1996, which provides for arrangements regarding industrial property matters. This law covers the application, registration, protection, and enforcement of trademarks. Any individual or corporation desiring to register a trademark has the right to do so. A trademark in Panama has a duration of ten years and can be renewed indefinitely for equal periods of time.
Why You May Need a Lawyer
Hiring a lawyer is advisable when dealing with trademark matters for several reasons. If you want to register a trademark, a lawyer can guide you through the process, explaining the necessary steps, helping prepare the necessary documentation and ensuring that your application is filed correctly. Moreover, a lawyer can assist in enforcing trademark rights, handling cases of infringement, and negotiating on your behalf where necessary. Disputes concerning copyright ownership or infringement are particularly complex and can benefit significantly from legal guidance.
Local Laws Overview
The key laws in Panama City related to trademark include: grant of an exclusive right to the registered trademark owner (Article 113 of Law No. 35), the prohibition of trademark infringement (Article 155), and the allowance of licensing of the trademark for use by other parties (Article 147). It is also worth mentioning that Panama adheres to the Paris Convention and the TRIPs Agreement, providing protection for well-known trademarks even if they are not registered in Panama.
Frequently Asked Questions
1. How long does a trademark registration process take in Panama?
It usually takes between six months to a year to register a trademark in Panama, this can vary depending on if a dispute arises during the process.
2. What is the duration of a registered trademark in Panama?
A registered trademark in Panama has a validity period of 10 years, which can be renewed indefinitely for equal periods.
3. Can a foreign trademark be registered in Panama?
Yes, foreign individuals or entities can register their trademarks in Panama. These applications receive the same treatment as those from nationals.
4. What happens if my trademark is infringed upon?
If your trademark is infringed upon, you have the right to take legal action against the infringing party. This can result in the cessation of the infringement and damages, among other remedies.
5. Can I license my trademark to another party?
Yes, under Panamanian law, a registered trademark owner is allowed to license their trademark for use by other parties.
Additional Resources
The main governing body for trademarks in Panama is the Directorate General of the Registry of Industrial Property (DIGERPI). Their website offers a range of resources including information on the trademark registration process and laws relating to trademarks. The Panamanian Association of Intellectual Property Law serves as an educational and networking organisation and can be a valuable resource.
Next Steps
If you require legal assistance with a trademark matter in Panama City, your first step should be to consult with a lawyer specialised in Intellectual Property law. They can provide personalized advice, guide you through the process of registering or renewing a trademark, and represent you in the event of a dispute. Additionally, it's also recommended to familiarise yourself with the resources provided by DIGERPI and relevant Panamanian laws.
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frequently, and interpretations of the law can vary. Therefore, you should consult with qualified legal
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