# 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.

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## 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.

[Photo: Mattias Hill](https://commons.wikimedia.org/wiki/File:Panama_City_,_Panama.jpg)· [CC BY-SA 3.0](https://creativecommons.org/licenses/by-sa/3.0) 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

- [Law 35 of May 10, 1996, the Industrial Property Law](https://s3-legispan.asamblea.gob.pa/legispan/NORMAS/1990/1996/LEY/Administrador%20Legispan_23036_1996_5_15_ASAMBLEA%20LEGISLATIVA_35.pdf)· [Full text](https://iurispa.com/legislacion/ley-35-de-1996/)

Last verified: November 6, 2026

## Keep reading

- [Renewal](/renewal/)
- [Requirements to file](/requirements/)
- [Official fees](/costs/)

## Ready to protect your brand in Panama?

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