Italy is a member of the Madrid Agreement, the Madrid Protocol and the European Union. Trademark protection is obtained by registration. It can also be acquired by sufficient public recognition.
Trademark registration: Requirements
A trademark application has to be filed before the Patent and Trademark Office (UIBM) or at the Chambers of Commerce. A local address in Italy for service will be required. A non-legalized power of attorney is sufficient. Foreign applicants do not need a domestic registration.
Trademark registration: Procedure
The application process includes a formal examination and an examination of distinctiveness, but no search for prior trademarks. It takes approximately 12-24 months from first filing to registration. Before the registration, the trademark application is published and within three months from the date of publication, third parties, owners of valid trademarks in Italy, can file opposition to the same.
Trademark registration: Duration
A trademark registration in Italy is valid for 10 years and starts with registration date. The registration is renewable for periods of 10 years starting from the first application date.
Trademark registration: Methods
NATIONAL REGISTRATION: If you just want to register your Trademark in one country, it is sufficient to apply for a national registration at the local trademark office.
EUROPEAN UNION (COMMUNITY TRADEMARK): Since this country is a member of the European Union, Trademark Protection could be obtained by registration of a Community Trademark (CTM), which is valid for a period of 10 years in all countries of the European Union.
INTERNATIONAL REGISTRATION (MADRID SYSTEM)*: If you already have filed a trademark application or have a trademark registration in one or more countries of the Madrid Union (based on the Madrid Agreement and Madrid Protocol), you can obtain trademark protection by filing one single application, so called International Registration (Madrid System).
*Note: The fees for an International Trademark Application (WIPO) will be calculated for each individual country or multiple countries. For a quotation please send us an e-mail with the name of countries where you currently have a registration and all preferable countries where you wish to extend your trademark protection.
Extra
Duly note, if the trademark has not been used within 5 years from registration or has not been used later for a continuous period of 5 years, it may be subject to cancellation.
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