What is a considered as a Trade Mark in Panama and how can it be protected?
Every sign, word, combination of these or any other means which, by its character it’s capable of distinguishing a product or service may constitute a trade mark. Registration is necessary for its protection and right of exclusivity of the name of a product or service.
In the Trademark Law of Panama (Law 35 of 1996) Article 96, the right to registration is acquired through use, but the right to exclusive use on the market, the distinctive emblem, is only acquired through inscription. Registration allows protection of the exclusive right of the identity of the product, i.e., the brand that identifies the product on the market and other individualized products.
Brands are intangible assets that are equally or more important, in some cases, the product itself to help identify it. The mark allows, among other things, that a company can effectively combat unfair competition and trademark counterfeiting.