intellektus.com trademark registration



Trademark registration in Italy, trademark search in Italy: national trademark registration, international trademark registration

A trademark in this country may be registered through one of the 3 available systems of trademark registration:
1. National trademarks may be registered through the State Trademark Office.
2. Community trademarks may be registered through O.H.I.M. system.
3. International trademarks may be registered through W.I.P.O. system.

Italiano: Registrazione di marchi


Trademark Registration in Italy: Requirements and Procedure

Trademark registration requirements in Italy:

- Power of attorney simply signed.
- Design of the trademark in JPEG format in case of a graphical trademark (not required for word mark).- - The detaliation of goods and/or services for witch the trademark will be registered or the classes in case they are known.
- Details of the trademark owner (name, address, registration number).
- Invoicing details (name, address, fiscal number, registration number).
- In case that priority is claimed, the certified copy of the priority document will be filed simultaneously with the application.

Trademark registration procedure in Italy:

The Trademarks Office now publishes the filing details within around 6 month from application. If there are no examination objections, the registration process takes between two and three years. If there are examination objections, the registration process takes between three to five years. An application is published for opposition purposes after formal examination of the application. The opposition period begins o immediately after publication and ends 3 months after publication. The protection lasts for 10 years.

Other trademark procedures in Italy:

Trademark renewal in Italy: For the trademark renewal we need the power of attorney. The grace period after the renewal date has expired is for 6 months. The penalty for the late renewal is a fine. The protection after the renewal is for 10 years.
Trademark assignment in Italy: An assignment of an application must be for the entire territory covered by the application. The assignment can be done with or without Goodwill. An assignment of an application can be for some or all of the goods or services listed in the application. Assignment must be done with notarization and the assignment must be sent to the office of the Registry for the fiscal registration. An assignment of an application need not be recorded but, if it is not recorded, the assignment may not be effective against a subsequently dated but recorded assignment.
Trademark license in Italy: An application can be licensed. A license of an application can be for some of the goods or services listed in the application, a license of an application can be exclusive (only one licensee, with the owner excluded), a license of an application can be non-exclusive (multiple licensees and the owner). Legal verification of a written license agreement is not required. A license of an application need not be recorded to be effective, but if it is not recorded the license may not be effective against a subsequently dated but recorded license.
Trademark use in Italy: To avoid being attacked on the ground of non-use, a trademark must be used within any 5 years of its protection. The use of the trademark must occur in Italy. The consequences of a trademark’s not being used are that the mark may become liable to revocation for non-use. Periodic statements of use are not required. Use of a registered trademark in a modified form would not affect the enforceability of a registration and is allowed if the difference is slight and provided that the modification does not materially alter the distinctive character of the trademark.

You can download our Power of Attorney here.

OTHER SERVICES:

1. Market watch for national, international and community trademarks that are registered in this country.
2. Translation services.
3. Valuation services and notoriety studies.

Trademark legislation of Italy

You may request our services by sending to us a mail to office@intellektus.com.