# Trademark opposition in Panama

Once DIGERPI publishes an application, anyone has two months to oppose it. In Panama an opposition is a lawsuit before the courts that hear industrial property cases, not a filing at the trademark office. The applicant has five days to answer, the judge hears the evidence at a hearing, and the judgment can be appealed and then taken to the Supreme Court by cassation.

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## Opposition deadlines at a glance

Each time limit below comes from the sections that follow, with the same articles. Day counts are as the law states them.

| Step | Time limit | Source |
| --- | --- | --- |
| Oppose after publication | Two months from publication | Law 35 of 1996, articles 106 and 107 |
| DIGERPI decides if no opposition was notified | 15 business days after the period ends | Law 35 of 1996, articles 104 to 107 and 195 |
| Applicant answers the complaint | Five days | Law 35 of 1996, articles 183 to 191 |
| Request witnesses and experts | At least three days before the hearing | Law 35 of 1996, articles 183 to 191 |
| Judge rules | At the hearing, or within 20 business days at most | Law 35 of 1996, articles 183 to 191 |
| Appeal the judgment | Ten days: five to argue, five to respond | Law 35 of 1996, articles 193 and 194-A |

Source: Law 35 of 1996, as amended by Law 61 of 2012

## When you can oppose

DIGERPI examines the application for form and then on the merits, and only an application found in order is published. The two-month opposition period runs from that publication. If, within 15 business days after the period ends, DIGERPI has not been notified by the court of an opposition, it decides and registers the mark.

Source: Law 35 of 1996, articles 104 to 107 and 195, as amended by Law 61 of 2012

## Who can oppose

Any person. You do not need a registered mark to oppose, or to seek cancellation or nullity, as long as you prove you used the mark first. The owner of a mark that is famous in Panama can oppose whether or not it is registered here.

A registration obtained without consent by the agent, representative, user or distributor of the owner of a mark registered abroad is void.

[Photo: RB Photo](https://commons.wikimedia.org/wiki/File:Casco_Viejo,_Panama_City,_Panama_-_54300325876.jpg)· [CC BY 2.0](https://creativecommons.org/licenses/by/2.0) Source: Law 35 of 1996, articles 91, 98, 107 and 142

## The court, not DIGERPI

The opposition is heard by the courts created under Law 29 of 1996, as amended by Law 45 of 2007, which handle industrial property cases. The parties may also agree to arbitration, mediation or conciliation.

Source: Law 35 of 1996, articles 181 and 197, as amended by Law 61 of 2012

## Answering and proving your case

- The applicant has five days to answer the complaint. Some guides say ten business days; the law says five.
- The applicant can counterclaim on any industrial property right, for example to cancel the opposer’s mark for non-use if it has been registered for more than five years.
- At the hearing the parties present their evidence. Witnesses and experts must be requested at least three days before.
- The judge rules at the hearing or within 20 business days at most.

Source: Law 35 of 1996, articles 183 to 191, as amended by Law 61 of 2012; Executive Decree 85 of 2017, article 146

## Appeals

The judgment can be appealed within ten days, five to argue the appeal and five for the other side to respond. The second-instance judgment admits cassation, which takes the case to the Supreme Court.

Source: Law 35 of 1996, articles 193 and 194-A, as amended by Law 61 of 2012

## If one class is opposed

A multi-class application can be divided so that the classes nobody opposes move ahead. During an opposition, the division needs the court’s leave and must leave the dispute confined to the original application.

Source: Law 35 of 1996, article 93-A, as amended by Law 61 of 2012; Executive Decree 85 of 2017, article 115

## Questions people ask

### Is Panama first-to-file?

Not purely. The law says the right to register a mark is acquired by use, and the right to its exclusive use is acquired by registration. Between two claimants, the earlier user prevails; without use, the earlier filing or priority does.

### What if DIGERPI refuses my application?

That is a different route. You can ask DIGERPI to reconsider, or appeal to the Minister of Commerce and Industries, each within ten business days of notice.

### Can I oppose with a mark I only use outside Panama?

The law defines use as placing goods on the Panamanian market. It does not say that use abroad alone is enough to oppose.

## What the law does not say

- How long an opposition usually takes, and the official name of the court today.
- Any court fee or deposit for the opposition. The law sets none, and its bonds belong to other proceedings.
- Whether the five days to answer are business days, and whether they can be extended.

## 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

- [Requirements to file](/requirements/)
- [How registration works](/process/)
- [Search before you file](/search/)

## Ready to protect your brand in Panama?

Send us your mark and the goods or services you sell. We reply with the classes you need and a fixed written quote.

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