Brealant currently provides trademark registration in Italy, as some of our members are located there and will allow you to verify the process step by step.
The process for trademark registration in Italy has some important steps to know. They are listed below:
First, the application has to be filed at the Italian Patent and Trademark Office, by the Ministry of Economic Development (UIBM). It is important to know that multi-class applications are possible.
Foreign applicants residing outside Italy and the European Economic Area (EEA), need a local agent with an address for the service. Also the local agent must present a Power of Attorney within the first two months from the date of filling the application.
The applicant can present a claim priority. They have to submit a certified copy or the priority application within the first 6 months from date of filling to be considered by the Office. It is important to know that all documents have to be written in Italian; if not, a simple Italian translation is required.
Once the application has been accepted, it will be published in the Official Bulletin. If no oppositions are presented, the UIBM will proceed to the trademark registration and the applicant will receive its certificate.
The registration process includes several phases: admissibility, formal examination, technical examination, publication and the final registration. Hence, the proceeding time from first filling to registration is approximately 9 to 12 months.
Period to Oppose
Third parties affected by the application can file an opposition within 3 months from the date of publication in the Official Bulletin. The UIBM will notify the applicant about oppositions in order to present a reply in a period of 60 days.
In Italy a trademark registration is valid for 10 years from the date of filing and renewable for periods of 10 years indefinitely. The renewal application process can be done from 1 year before the expiration date; although if the registrant fails to file the renewal on the due date, they still have a period of 6 months after the trademark's expiration to finish it. Also, a signed Power of Attorney has to be presented.
Requirement of Use
If the trademark has not been used within 5 years from registration or is discontinued for more than 5 consecutive years, it may be subject to cancellation due to non-use by third parties.