Similar, not just identical
Marks that look or sound alike can block yours, even with a different spelling.
Search before you file
DIGERPI offers a free online availability search. It is a good first check, but it looks for matching names: a professional search also looks for similar marks, phonetic matches and related classes that could lead to an opposition.
Open DIGERPI’s free availability search
Official tool of the Industrial Property Registry. It opens in Spanish.
Related classes
A mark in a related class can still be cited against you.
Fewer surprises
Finding a conflict before filing costs less than fighting an opposition in court.
What a search should catch
Panamanian law lists the signs that cannot be registered as a mark. A good search looks for all of them, not only for an identical name. The most common ones are these.
A similar mark for similar goods
A mark that looks, sounds or means the same as one already used, known, registered or pending for the same or similar goods or services, if it could confuse the public.
This is why a search must look for phonetic and visual matches, not just the exact spelling.
Source: Law 35 of 1996, article 91(9)
A description of the product
Words that only describe the product or service, its quality, quantity, use, value or origin, or its usual generic name. A descriptive mark can still be registered if it has become distinctive through use.
Source: Law 35 of 1996, article 91(2)
Flags, coats of arms and official names
Reproductions or imitations of the flags, emblems or names of any State or national or international organization, without authorization.
Source: Law 35 of 1996, article 91(1)
Other people’s names or portraits
Names, signatures or portraits of a person other than the applicant, without their consent or, if they have died, their heirs’ consent. Historical figures are an exception.
Source: Law 35 of 1996, article 91(6)
Misleading shapes and false awards
Shapes that mislead about the nature or qualities of the product, and medals or awards that were not actually granted to the applicant.
Source: Law 35 of 1996, article 91(3) and (8)
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.