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Prosecution Of A Trademark Application In Panama

FILING

FORMAL AND SUBSTANTIVE EXAMINATION

PUBLICATION

OPPOSITION PERIOD

GRANTING

CERTIFICATE OF REGISTRATION

FILING

The filing date of a Panamanian trademark is the one assigned when filing the application.

If priority is claimed, the filing date will remain the same, but the priority date will be the one claimed.

FORMAL AND SUBSTANTIVE EXAMINATION

Within 30 to 90 days from the filing date

The Trademark Office will determine if the application meets the formal requirements and analyze the application on both absolute and relative grounds of refusal. This includes a search to determine potential legal obstacles.

If no obstacles are found, the Trademark Office will proceed to order the publication of the trademark.

PUBLICATION

Within 30 to 45 days from the formal examination

When the Trademark Office deems the application meets the legal requirements, the application will be published in the Official Gazette for opposition purposes.

OPPOSITION PERIOD

2 months as from the publication date

The opposition period starts as soon as the trademark is published and ends 2 months after the publication.

GRANTING

Within 12 months from the filing date

If no oppositions were filed, the Trademark Office will proceed to grant the trademark.

The mark will be protected for a period of 10 years, counting from the application date.

CERTIFICATE OF REGISTRATION

3 months counted from the day of the granting decision

After the Trademark Office issues their granting decision it will issue a paper registration certificate within the next 60 working days.

Useful Information

According to the applicable law, a trademark has a period of 5 years after its registration in which it cannot be cancelled. After that, any third party can apply for a cancelation action due to non-use. 

It is relevant to also note that the use of the mark is not evaluated ex officio by the PATMO, nor the owner has to file periodically any prove of use. The evaluation of the use of a trademark is only done in the eventuality that a cancelation action is filed.

MADRID

Paseo de la Castellana, 93
28046 Madrid, Spain
p.: +34 911 336 879
f.: +34 911 331 348
madrid@balderip.com

BARCELONA

Diagonal, 640
08017 Barcelona, Spain
p.: +34 935 475 532
f.: +34 911 331 348
barcelona@balderip.com

BILBAO

Gran Via, 19-21
48001 Bilbao, Spain
p.: +34 944 359 809
f.: +34 944 359 600
bilbao@balderip.com

PAMPLONA

Arcadio Maria Larraona, 1
31008 Pamplona, Spain
p.: +34 948 198 726
f.: +34 911 331 348
pamplona@balderip.com

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