Types of Trademarks You Can Register in Panama.

In Panama, a trademark is — under article 89 of Law 35 of 1996 — "any sign, word, combination of these elements or any other means that, by its features, is capable of individualizing a product or service in commerce." The definition is open: the list of what can be registered (article 90, expanded by Law 61 of 2012) is illustrative, not exhaustive. These are the types you can protect.

Marks by their form

• Word mark (denominative). One or more words, letters or numbers, with no particular design (the name itself). The most versatile: it protects the written name however it is styled.
• Figurative. An image, figure, symbol or graphic without words (a purely visual logo).
• Composite (mixed). A combination of word and design (the most common: name + logo).
• Three-dimensional. 3D shapes: the shape of the product, its container or wrapping; the law also includes holograms.
• Color. Colors in their various combinations, where they distinguish the product.
• Sound. Sounds that identify a brand (a melody or jingle). Law 61 of 2012 expressly added them.
• Smell and taste marks. Contemplated by law but with deferred entry into force; whether they can be registered in practice depends on current regulations. Check case by case.

Marks by ownership or scope

• Collective mark. Belongs to an association or group (e.g., a producers' cooperative) and requires rules of use; it cannot be transferred to third parties outside the group.
• Certification or guarantee mark. Certifies common characteristics — quality, origin, method — of goods or services from different people (e.g., a quality seal).
• Well-known and famous (renowned) marks. Article 95 distinguishes the well-known mark (known by the sector of consumers it targets) from the famous or renowned mark (known by the general public). Its owner can oppose unauthorized use or registration even without a Panamanian registration.

Other distinctive signs also protected

• Trade name. Identifies the company or establishment (article 145 et seq.), distinct from the trademark that identifies the product.
• Advertising slogan. An original legend, phrase or combination of words accompanying the mark; registered for ten years (articles 156 to 160).
• Geographical indications and appellations of origin. Protect the link between a product and its place of origin; DIGERPI keeps a special register (articles 131 to 133).

A key principle: use vs. registration

Article 96 draws the essential line: in Panama, the right to register a mark is acquired by use, but the exclusive right to use it is acquired only through registration. Using your mark without registering it leaves you exposed to someone else filing first.

Which type is right for you?

The choice is not merely aesthetic: it defines the scope of your protection. A composite mark protects name and logo together, but also registering the word mark protects the name even if you change the design. At iurispa we help you choose the modality — or combination — that best shields your business, and register it with DIGERPI.

Before filing, check your trademark availability and estimate the cost.

Legal basis: Law 35 of May 10, 1996, amended by Law 61 of October 5, 2012. Informational content, not legal advice; each case is assessed individually.

Relacionado: The legal foundation of trademark registration in Panama