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FREQUENTLY
ASKED QUESTIONS
Is it necessary to submit proof or declaration
of use of a Trademark at the time of renewal?
No, it is not necessary to submit any evidence
or declaration of use of a Trademark in order
to obtain its renewal.
Is it mandatory to register license of use agreements
before the Trademark Office?
According to our Trademark Law, it is not mandatory
to register license agreements.
Notwithstandind, it is recommended to register
license agreements because they shall only be
effective against third parties from the recordation
date.
License agreements that have not been registered
will be considered to have effects only between
the contracting parties.
Are oppositions filed before the Trademark Office?
No, oppositions are filed before Commercial-Civil
Courts and not before the Panamanian Trademark
Office.
Is it possible to request cancellation of a Trademark
based on non-use?
Panamanian Trademark Law establishes that a Trademark
registration may be cancelled by means of a Court
order, if the trademark has not been used for
more than five consecutive years prior to the
date of filing of the cancellation action.
Nevertheless, a five-year period counted as from
the date of registration of the Trademark must
pass before it is possible to request the cancellation
of a Trademark.
What is considered “use” of a mark?
Our Law defines use as the manufacture of products
followed by the commercialization of the same
within the domestic or international commerce,
or the rendering of services in the domestic or
international commerce.
Are there any marking requirements for Trademark/Service
Marks?
No, our Trademark Law does not contemplate any
provisions regarding the marking of trademarks
registered in Panama. Therefore, the marking of
trademarks is optional.
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