ITALIAN TRADEMARKS

An Italian trademark confers protection in the Italian territory and in the State of San Marino and can be recognized in the Vatican City.

The trademark application can be filed with the Chambers of Commerce or at the Patent and Trademark Office in Rome; the application can be made by any physical person or legal entity of the European Union or Member States of the Paris Convention or countries which guarantee reciprocal treatment.

Within 6 months from the date of filing, the application can be extended to one of the member states of the Convention of Paris claiming priority of the first trademark application and allowing the rights of the trademark in the foreign country to be calculated from the date of filing of the Italian application.

The trade mark application is subjected to a purely formal examination to check the distinctiveness and legitimacy.

If the application passes the formal examination, the trademark is published in order to enable third party holders of a prior trademark either filed or registered, to present opposition to the trademark application within three months from the date of publication.

After the opposition period, the trademark is registered but the exclusive rights can be applied from the date of filing; in Italy, the holder of a trademark application can in fact prevent the use of a distinctive sign identical to its own trademark, as of the date of filing.

The trademark has a duration of 10 years and can be renewed countless times for periods of 10 years.

The trademark must be used within five years and its use can not be suspended for a period exceeding five years subject to the penalty of forfeiture.

The trademark can be exploited through licensing agreements, sales contracts or used as security right; furthermore, a customs supervision can be implemented as of the trademark application, by filing an application for intervention at the customs office that will inform the trademark holder of any transiting of suspected goods.