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.