A trademark or trade mark[1] or mark is a distinctive sign or indicator of some kind which is used by an individual, business organization or other legal entity to identify uniquely the source of its products and/or services to consumers, and to distinguish its products or services from those of other entities. A trademark is a type of intellectual property, and typically comprises a name, word, phrase, logo, symbol, design, image, or a combination of these elements.
From the previous, we can notice the importance of a mark in nowdays, because of theri economical and strategic value is key for an enterprise and its patrimony. Because of this, the Panamanian law has become a protector of the Enterprise and Corporate interests thru the legislative act 35 of 1995, which states all the rights that a corporation haves in case of being affected. Panama also took a step further and created guarantees for Intellectual Property and services also, such as:
- Paris Convention for the Protection of Industrial Property.
- The Protocol on Inter-American Registry of Trade marks.
- The Inter-American General Convention of Protection Marcaria and Comercial
- INTERNATIONAL CLASSIFICATION OF GOODS AND SERVICES
Despite obtaining his legal protection, it is required, that the interested persona requests and obtains the trademark registration to enjoy this protection, without leaving aside, the special recognition to the rights derived from the previous and legitimate use from trademark symbol; every time, according to our national legislation, the right of registry on a mark is acquired by means of the use of the same one; however, the right of the exclusive feature of its use in the market, is acquired only by its registry. Law 35 of 1996 admits the registry and protection of:
- Marks in General
- Collective Marks
- License of Use
- Clear of Invention
- Models of Utility
- Industrial Model
- Industrial Drawing
- Commercial Names.
In general terms, to register a mark or trademark allows its requestor to indeed avoid the piracy or falsification of marks, the illegal use of the same ones; as well as the disloyal competition, applying administrative, criminal and civil sanctions to its violators. Our nonsingle legal body is in charge of the complete registry of a mark or patent, but also of the procedure before and after the mark is registrated
Previous to the registration: The search of the availability of names and designs, recommended in order to reveal previous and similar marks that can constitute an obstacle, and even a future legal controversy, as a result of the imprudent or reckless registry of a mark.
After the registration: As soon of the registry of the mark, our company/signature offers to added services and derivatives to its recognition, as it they are, the renovation, administrative cessions, crossings, changes, licenses of use, product limitations, corrections, among others. Our consultant's office and trademark management have presence in the Colon Free Zone, in order to guarantee greater efficiency in the protection of its intellectual assets, serving as complement to the customs controls.