- GENERAL CONCEPTS ABOUT TRADEMARKS
The World Intellectual Property Organization (WIPO) defines the concept of intellectual property (IP) as the creations of the intellect: ranging from works of art to inventions, computer programs, trademarks and other commercial signs. [1] Being an extremely comprehensive concept, we will focus this article specifically on a well-known intellectual property right: trademarks, specifically on the opposition to their registration.
In general terms, trademarks can be defined as any sign that identifies and distinguishes the products of one company from those of others in the market. [2] For the purposes of Panamanian jurisdiction, a trademark is understood to be any sign, word, combination of these elements or any other means that, due to its characteristics, is capable of individualizing a product or service in commerce. [3] A fundamental aspect of trademarks is their ownership or ownership, so it must be clear that, in Panama, the right to register a trademark is acquired by its use, but the right to its exclusive and opposable to third parties, it is acquired through its registration [4] and this is where the central axis of this article arises.
That said, it may be natural to ask, what is a brand for? Or what is the use of protecting a brand? In this sense, trademarks pursue different purposes, depending on the objective of the person who requests and acquires them, among which we can mention:
