COUNTRY : ITALIAN REPUBLIC
CAPITAL : ROME
LANGUAGE : ITALIAN
MEMBER : PARIS CONVENTION, WTO-TRIPS, BERNE CONVENTION, EUROPEAN UNION COMMUNITY TRADEMARKS, MADRID AGREEMENT AND MADRID PROTOCOL, TRADEMARK LAW TREATy, WIPO, PCT
Applications can be filed with the Italian Patent and Trademarks Office administered by the Directorate General of Combating Counterfeiting, Ministry of Economic Development
Protection to Trademarks in Italy:
1. National Registration - Direct Filing with National Trademark Office
Please refer our Treaties section on International protection under Madrid System and Community Trademark Registration.
Therefore, to obtain protection in Italy, there are three options from which the applicant can choose.
Applicants should bear in mind that the following will not be registrable as Trademarks in Italy:
A search is almost always conducted to rule out similar and / or prior existing identical marks with regards to:
Filing is done with the Trademark office of Italy.
• Infringement & Opposition Actions
• License and Assignment procedures
• Trademark Watch Services
Once the trademark application is filed, it is examined to ascertain fulfillment of all the requisites by way of formality examination and substantive examination.
Upon the trademark being examined, it is published in the official IP journal. Interested third parties may file their opposition to the registration of the trademark.
Once the trademark application is accepted for registration, the Registrar of trademarks will enter the details of the trademark onto the trademarks register and issue a Certificate of registration.
· Use of the mark on exports by way of imprinting the mark on the wrappers of the goods, containers and accompanying brochures etc. would be sufficient usage.
· Use by way of nationwide advertisements in Italian publications is also deemed sufficient usage.
· However, use by way of advertisements widely circulating in Italy or chiefly on the Internet would be insufficient usage.
· Usage in trade fairs, meets, conferences not followed by actual use is insufficient usage which could lead to forfeiture.
· Registration would stand invalidated if the mark is not used within 5 yrs. From the grant of registration.