Assigning and licensing a trademark in Panama
An assignment of a Panamanian trademark can only be enforced against third parties once it is recorded with DIGERPI, and the same goes for mergers and changes of name or address.
A license is different: recording it is only declaratory, so an unrecorded license still has effect. Each recording costs a small official fee, and foreign documents for an assignment need an apostille or consular legalization.
Assignment
A mark can be assigned in whole or in part, also while the application is pending. To record the assignment you file the power of attorney or cite a recorded one, and a notarized copy or a notarized extract of the contract. A document signed abroad must also be legalized at a Panamanian consulate or apostilled. With co-owners, any co-owner’s express consent is required.
Source: Law 35 of 1996, article 129, as amended by Law 61 of 2012; Executive Decree 85 of 2017, articles 139 to 141
License
To record a license you file the power of attorney and one of three documents: an authenticated copy of the contract, a notarized extract, or a license declaration signed by owner and licensee and authenticated by a notary. The request names the parties, the mark, the goods and services, and the type and length of the license.
The law says recording a license is only declaratory and does not create rights, and that not recording it does not affect the rights in the contract. A license cannot be recorded while the mark is still pending.
Source: Law 35 of 1996, articles 122, 123 and 125, as amended by Law 61 of 2012; Executive Decree 85 of 2017, article 136
Mergers and changes of name or address
A merger or a change of the owner’s name or address must be recorded to have effect against third parties. A merger transfers the marks unless agreed otherwise. Under the Trademark Law Treaty, one request can cover a change of name or address for all your registrations.
Source: Law 35 of 1996, articles 128 and 130; Trademark Law Treaty, article 10, approved by Law 24 of 2012
Official fees
| Request | Application fee | Recording fee |
|---|---|---|
| Assignment | B/. 10, plus the 20% surcharge | B/. 10 |
| License | B/. 10, plus the 20% surcharge | Not stated in the law |
| Change of name or address | B/. 10 each, plus the 20% surcharge | B/. 10 |
| Merger | B/. 20, plus the 20% surcharge | B/. 10 |
Source: Law 35 of 1996, articles 200, 202 and 211, as amended by Law 61 of 2012; Executive Decree 85 of 2017, article 162
Questions people ask
Does an unrecorded license protect my licensee?
Between the parties, yes. The law says recording a license is declaratory and its omission does not affect the rights in the contract.
Does an unrecorded assignment work?
Not against third parties. An assignment can only be enforced against them once it is recorded with DIGERPI.
Does the license contract need a translation?
Any document not in Spanish is translated by an authorized public translator.
Does use by my licensee count as my use?
Yes. Use by the licensee counts as use by the owner for keeping the registration alive.
What the law does not say
- The total cost per request and per mark, and how long DIGERPI takes to record it.
- Whether one assignment document can cover all the owner’s marks.
- The documents DIGERPI asks for a merger or a change of name.
- The regulation says sublicenses and franchises must be recorded to be valid, which conflicts with the law. The law prevails.
Official sources
Last verified: November 6, 2026
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