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Is there a time frame for the trademark registration approval?
The average time frame for the registration approval is 18 months, if no objections or oppositions arise.
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If I register my trademark in Italy, do I have protection in other territories?
Having a registered trademark in Italy means having protection in both the Republic of Italy and Republic of San Marino.
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Do I need to sign a Power of Attorney?
Yes. Trademark application in Italy requires a power of attorney.
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Are there any benefits from a pre-filing use of the trademark?
No. Pre-filing use is not beneficial and can even be risky. If another person applies (in good faith) for an identical mark, prior user will have no right to oppose.
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Will there be problems in case I don’t use my trademark after registration?
Yes. Registered marks that are not in used are at risk of revocation.
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What are the types of trademark that can be registered in Italy?
Any mark or sign that can be represented graphically and can add a distinguishable element to a good or service is acceptable for registration:
- Words
- Sounds
- Names
- Colors
- Devices
- Holograms
- Trade dress
- Motions
- Shapes with 3 dimensions
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What are the phases of application after a trademark has been filed in Italy?
The sequence of trademark application is as follows:
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Examination – Once the application is submitted to the trademark office authorities, some elements will be examined such as: classification, formality, deceptiveness, descriptiveness, and distinctiveness.
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Publication – The specifics of the application will be posted online and on print so the public can have access. Details include the mark itself, application number and date, name and address of applicant, goods and services, among others.
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Registration – If there are no obstacles to the application and nobody has opposed after the publication, the trademark office will then issue the registration certificate.
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Are there any types of trademark that cannot be registered?
Yes. The following marks are prohibited in this jurisdiction:
- Marks that contradict public policy or go against standards of moral
- Terms and words that have a general meaning
- Marks that include flags, names or symbols of any state, region, nation or international organization
- Marks that serve primarily as a name of a geographical location
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Does Italy use the "Nice Classification" system?
Yes. Nice Classification system is effective in Italy.
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Does the Community Trademark apply for Italy?
Yes. Community Trademark, known today as European Union Trade Mark (EUTM), takes effect in Italy.
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Is there any possibility to claim priority in Italy?
Yes. The date of filing in your home country can be petitioned as the date of filing in Italy if:
- Your home country is a Paris Convention member
- The application date in your home country is within 6 months prior to your date of application in Italy.
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What do I need to do to satisfy the use requirement?
You must use the mark within 5 years from the date the registration was granted. The mark must be commercially used in this jurisdiction. Using it as a token is not acceptable.
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Once my trademark has been registered, for how many years will be valid?
Registered marks in Italy are valid for 10 years.
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What will be the renewal date of my trademark?
The first trademark renewal will take place on the 10th year from the date you filed the application.
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Is it legal to use my trademark even if it is not yet registered?
Yes. Unregistered marks can be legally used for goods and/or services.