The registration of a trademark (for products or services), a design, or a trade name grants its owner a series of rights that are intended to prevent third parties from using identical or similar trademarks, signs, or signs without their consent. for goods or services equal or similar to those protected by the registered trademark.

The right to use the trademark is acquired from the moment the registration of said trademark is requested and not from when the respective Registration Certificate is issued. The right granted by the registration of a trademark (of products or services), a design, or a trade name, confers the possibility of acting against anyone without the consent of the owner of such right:

  •  Place the trademark or distinctive sign, whether identical or similar to the one registered by him, on products, containers or wrappers, on products other than those for which they were registered;
  • Use in commerce signs identical or similar to registered trademarks, for products, services or trade names, when such use may cause confusion or risk of association with the rights of the trademark owner;
  • Use in commerce a sign identical or similar to the registered one, to refer to products, when said use causes economic or commercial damage to the owner of the brand, either due to a decrease in the distinction of their brands or due to a decrease in their commercial value, as well as the improper use of their prestige.

Trademark ownership protects your company, your name and your business reputation.

How does trademark registration benefit your company?

  • Allows you to position yourself in the market;
  • Makes your company gain prestige;
  • Gains instant recognition and acceptance from the consumer;
  • Increases your assets;
  • Having a positioned and relevant brand in the market attracts business and investment, as it generates purchasing interest from third parties.

How can you prevent them from registering a trademark that is the same or similar to one of which you are the owner?

In Panama, the General Directorate of the Industrial Property Registry (DIGERPI), publishes a monthly Official Gazette with all the trademarks for which registration has recently been requested, after examining and verifying that they comply with the necessary minimum requirements and the documentation required for said registration.

During the period of two months counted from the day following the publication of this Official Gazette, any person may file a Demand to Oppose the registration of a trademark that appears published in said bulletin, if they consider that it is the same or similar to any trademark of which is the owner.

If you do not have your trademark registered, or at least submitted the application for registration, you cannot oppose the registration of another trademark by a third party, even if it is the same or similar to yours, running the risk of having your prestige and fame taken away. That it has acquired, so it is important that you maintain your registered trademark, since this is what gives you the right to oppose the registration, or application for registration by third parties, of trademarks identical or similar to yours.

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