The brand offers a reliable reference point for consumers. The trademark is the image of your company – it allows consumers to distinguish your products and/or services from those of other companies that operate in the same business sector.
A trademark can be constituted with one or a combination of the following elements:
Renewal is possible from 6 months before the end of deadline
|Legal basis||Code of Industrial Property Rights – Decreto Legislativo 10 febbraio 2005, n. 30||CTMR – Community trade mark regulation (EC) No 207/2009|
|Madrid system – WIPO||Yes||YES|
|Zone||All Italy||All member states of the EU|
|Classification||Nice classification (10th edition)||Nice classification (10th edition)|
|Early use “marchio di fatto”||Yes – if the sign has acquired a certain reputation more than mere local||Not directly|
|Power of Attorney||Non-legalised||Non-legalised|
|Who can register?||Natural and legal persons||Natural and legal persons|
|Process of filing||– formal examination-examination on absolute grounds– no search for prior trademarks||– formal examination-examination on absolute grounds– search for prior trademarks (should an earlier mark emerge the Office will issue a letter to the parties. This is called a ‘surveillance letter’. The results of both search reports and surveillance letters are for information only)|
|Opposition Period||3 months from the date of publication||3 months from the date of publication|
|Trademark Duration||10 years from the date of application||10 years from the date of application|
|Renewal||Renewal is possible from 6 months before the end of deadline||Renewal is possible from 6 months before the end of deadline|
|Use||5 years from the registration||5 years from the registration|
Trade mark coexistence agreements
|Are possible but must not mislead the consumer||Are possible but must not mislead the consumer|
The registration of a trademark is possible at any time. However, a trademark is a valuable good for your company – if not adequately protected, your competitors have the opportunity to take advantage of your economic and creative efforts.
Therefore, it is preferable to obtain the registration of your trademark before launching your activity and carrying out expenses that could be made vain by the presence of a pre-existing sign that creates confusion.
Furthermore, before carrying out expenses that involve Your brand – Verify that the sign you chose is available. Checking if a brand is already registered is not a legal obligation but it will protect You from potential risks. If the selected sign is not available for the products and/or services of interest, your company could be subject to legal attacks by the holders of the previously granted rights that could accuse you of forgery or unfair competition and consequently begin actions in order to impede you from using the sign in question.
The registration of the trademark allows the ownership of the sign for 10 years, which is then permanently renewable in the following territories:
The Italian and European Trademark Attorneys of TutelaMarchio.com are specialists of IP law, they offer technical and legal counselling in all areas of intellectual property law (Prosecution, registration, opposition, litigation, mediation, etc.).
You can contact us by telephone at any time. We will be glad to answer any questions you may have.TutelaMarchio Head Office Via dei Sampieri, 31 00148 – ROME firstname.lastname@example.org Phone.: +39 06 21117510 Mobile.: +39 375 5683663 Skype: tutelamarchio.com
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