The trademark is a form of protection governed by the legal system that allows one or more individuals to use exclusively what has been registered.
Article 7 of the industrial property code defines the subject of trademark registration: "All signs capable of being represented graphically can be registered as a trademark, in particular words, including names of persons, drawings, letters, numbers, sounds, the shape of the product or its packaging, color combinations or shades, provided that they are capable of distinguishing the products or services of a company from those of other companies. "
The types of brands:
• word mark, which consists only of words
• figurative mark, which consists of a figure or a reproduction of real or fictional objects. For the purposes of filing, the mixed trademark (consisting of words and figurative elements) is also considered figurative
• shape or three-dimensional mark, which consists of a three-dimensional shape and which can include containers, packaging, the product itself or their appearance
• sound mark that consists solely of one sound or a combination of sounds
• movement branding, characterized by a change in the position of the branding elements
• multimedia branding is made up of the combination of image and sound
• trademark with repeated motifs,
• position mark,
• holographic mark, consisting of elements with holographic characteristics.
The sound, movement, multimedia and holographic marks are recently introduced in the national discipline; specific explanatory circulars to be issued soon will provide the information necessary for their correct filing.
How long does it take to get a trademark registration?
It takes about 8 months to obtain an application for national registration.
It should be noted that the effects of the registration are retroactive to the filing date.
How long does the registration take?
The registration of a trademark lasts 10 years and can be renewed for a further 10 years.
The term begins to run from the date of filing of the application.
Who can deposit it?
The application for protection can be submitted by anyone who uses the trademark or intends to use it: natural person, legal person, associations, entities etc, including minors, even foreigners as long as domiciled in one of the EU countries.
Even more subjects can be owners of a trademark.
The application can be presented directly by the owner; the owner can decide to be represented. The only persons authorized to represent at the UIBM are Industrial Property Consultants registered in the order (agent) or the Lawyers registered in the order (representative). All other professional categories are not authorized to represent at the UIBM, therefore they cannot sign in place of the holder.
The assignment of the assignment must always be in writing and can be done through a letter of appointment or general power of attorney.
What are the national rules governing the trademark?
The rules governing the trademark are the Civil Code in Articles. 2569-2574 and the Industrial Property Code D.lgs. 10 February 2005, n. 30 and subsequent amendments.
Can the state administrations obtain the registration of a trademark?
Art. 19 paragraph 3 of the industrial property code establishes that state administrations, regions, provinces and municipalities can obtain trademark registrations.
The last paragraph provides that the state administrations can register distinctive graphic marks of their own cultural, architectural and environmental heritage of their territory.
It should be specified that in the case of the filing of trademarks relating to the enhancement of the territory, the administrations must allocate the proceeds, which derive from the exploitation of the trademark, to the financing of institutional activities or to the payment of previous debts of the entity.
What are the differences between the national trademark, community trademark and international trademark?
What distinguishes these types of trademarks is the territorial protection that will protect them.
National registration at UIBM (Italian Patent and Trademark Office) protects the trademark only in the Italian territory.
Community registration with the EUIPO (European Union Intellectual Property Office) protects the trademark in all EU countries.
The international registration with the WIPO (World Intellectual Property Organization - World Intellectual Property Organization) will allow you to choose the countries in which to protect it worldwide.
How is it deposited?
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