The Civil Code and the Industrial Property Code, which include substantial legislative components from both European and international legislation, are the fundamental regulations governing the protection of intellectual property rights in Italy. The Italian Code comprises rules governing the use and sale of trademarks, patents, innovations, models, and designs, among other things.
Brealant team of Italian attorneys may provide a presentation on this topic to foreign investors who have established a company in Italy and are interested in the protection of a specific invention or copyright.
Trademarks in Italy
This legislation defines a trademark as a distinguishing feature of a good or service with the primary purpose of representing the business that creates and markets that good or service (or service). According to Italian law, a registered trademark cannot be used in any way without the owner’s permission. The registration is valid for 10 years and may be extended by the owner for another ten years anytime they so want.
Investors who wish to build their firm’s presence in the Italian market should choose a distinctive trademark to represent their business, which will ensure that the company is widely known in the area. The Italian Patents and Trademarks Office, which oversees trademark registration in Italy, may offer details on any trademarks that have previously been registered there.
If the investor is the owner of a national trademark, he or she may expand its use outside of nations that have ratified the Madrid Agreement and Protocol, which are international accords relating to intellectual property rights. Our legal team can help you with the Madrid Agreement by submitting a request to the World Intellectual Property Organization for the protection of intellectual property rights. Any sort of business, including import-export firms, may register a trademark with the assistance of Brealant. Import-export firms can also obtain guidance on the requirements for EORI registration in this nation.
Our Intellectual Property Services in Italy
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 application.
The applicant can present a claimed priority. They have to submit a certified copy of the priority application within the first 6 months from the date of filing 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 final registration. Hence, the proceeding time from first filing 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 the opposition to present a reply in 60 days.
Trademark Validity: In Italy, 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 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.
The registration costs, besides including the application filing cost itself, also include the prior trademark research, as well as the documentation preparation, the appointment of Brealant to act as your registered agent, and the process monitoring and following up.
If you wish to know the costs for other services, please contact us.
The total includes the governmental fee for the filing as well as our service fee.