Article
96 of Act 35 of 1996 states that of entitlement to registration
for use, but the right to exclusive use on the market, the
distinctive sign, is acquired only by registration.
The registration allows the defense of the exclusive right
to the identity of the product, the mark that identifies the
product on the market and what other products individually.
Brands are intangible assets that have an equal or greater
importance, in some cases, the product itself that helps to
identify. Trade mark registration permits, among other things,
that a company can effectively fight unfair competition and
trademark counterfeiting.
Requirements for registering a trademark:
1. Able to counsel, including, in the case of legal persons,
or a notarized certification statement about its existence
and legal representation or, alternatively, a certificate
issued by competent authority of the constitution (according
to model of power that is attached ). For legal persons incorporated
in Panama, this certification will be issued by the Public
Registry.
2. Six (6) label, design or drawing of the mark (up to 10cms.
Wide).
3. Description of the brand, including:
Name, nationality, domicile necessary number of personal identity
of the applicant or his name, place of incorporation and must
address if the applicant is a legal person;
Name and / or design of the mark as is used in the market;
Specification of goods or services which the trademark is
or will be used;
Date when you began to use the mark, if registration is sought
based on use and to determine the priority of the right.
Claiming a right of priority, if any, according to the Paris
Convention, indicating the country of origin or office in
which the application has been filed priority filing date
and the number assigned to it, which may be checked submitting
a certified copy of the Registration Priority country of origin
of the request, where such registration is pending.
A registration can be made also through INFORMAL MANAGEMENT,
indicating a deposit of USD 100.00, which will be returned
to provide the documents within two months, extendable for
a further month for cause.
If documents are not submitted within this period, the deposit
paid to the National Treasury, will refuse the request and
ordered the file of the file.
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