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Trademark registration in Italy

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Italy is part of the European Union. In this territorial association, the norms of registration legislation on intellectual property (IP) are brought under uniform standards. However, each country has its own characteristics. Italy was no exception. Its legislative norms imply certain subtleties regarding the protection of IP rights in general and the design of trademarks in particular.

The fundamental document that regulates the registration features for TM is the Law “On Trademarks”. It was introduced by Royal Decree No. 929 of 06/21/1942, amended by Legislative Decree No. 480 of 12/04/1992. The state body entrusted with the authority to register is the national Intellectual Property Office (Ufficio Italiano Brevetti e Marchi, or UIBM).

Registration of TM in Italy is possible in the following ways:

  • through the Madrid system;
  • registration of a single TM certificate for the European Union;
  • national filing (application to the Italian Patent Office).

Features of TM registration in Italy

Before starting the procedure, the applicant must prove the uniqueness of the image. That is, the designation has characteristics by which it qualitatively differs from the already registered TM. This must be done by the applicant or his representative (patent attorney), because the country’s patent office does not conduct an examination for similarity to the existing icons.

Trademark registration in Italy

The selected sign must meet a number of conditions. They are quite similar to those provided by Ukrainian legislation, although there are some differences. The main criteria for designation:

  • graphic design;
  • distinguishability (clarity);
  • uniqueness.

The latter characteristic implies that the badge must be unique in the Italian countryside. If it exists and is used abroad, then it will be possible to register it under Italian law if it does not violate the rights of another, already registered designation.

There is a unique feature of trademark registration in Italy. It happens that an unregistered trademark is previously used and is not well known (or is known locally). In this case, the persons using it have the right to continue using it in a specific territory, despite someone else’s registrations. When submitting an application, this must be remembered so as not to create a collision. SION attorneys check the possibility of obtaining protection, work out the risks before starting the process.

Terms of trademark protection

On average, the registration procedure takes about six months. However, there is an opportunity to officially accelerate it by making an additional fee. Then you can do it in 2-3 months. As a result, the applicant receives a trademark certificate. The procedure is possible only with the participation of a patent attorney registered in the national database. You will not be able to carry it out on your own.

The period of validity of the title of protection is 10 years with the possibility of extending the term of protection every 10 years. The renewal fee is 159 EUR for each class according to the International Classification of Goods and Services (ICGS) in which the badge is protected. The terms of validity of the rights to a trademark are similar to those in most European countries and Ukraine.

The cost of the TM registration service in Italy according to the national procedure

The registration procedure begins with a preliminary search of the Italian national registries for TM. The similarity and identity of the claimed designation with already registered and only submitted for registration trademarks is checked. Based on the results of the study, a report is drawn up, which informs about the possibility of obtaining protection. The fee of a patent attorney for the service is from 150 EUR. The following factors will affect the value:

Trademark registration in Italy
  • type of the declared designation (verbal, combined, pictorial, other);
  • the number of ICGS classes in which the icon is served;
  • urgency of implementation.

The fee for filing an application in one class of ICGS is 193 EUR + 34 EUR for each subsequent class. Fees, duties and the need to pay for additional actions (which do not always arise) constitute the cost.

Italy is a very attractive country in terms of business development. However, the registration procedures, which are important for the commercial promotion of TM, still have specific features. Only residents of the country or non-residents who have a registered company on Italian territory can submit an application on their own.
It is better to entrust this task to experienced professionals who have experience in registration under a national or international procedure. SION specialists will provide advice on Italian design and carry it out for clients. To calculate the cost of registering a trademark, please fill out the feedback form and we will contact you or write to us by mail: info@sion.ua.

Author:

Nataliia Riazanova

managing partner, patent attorney, PhD in law

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