1 Relevant Authorities and Legislation
1.1 What is the relevant Italian trademark authority?
The Italian trademark Authority is the "Ufficio Italiano Marchi e Brevetti" (UIBM) which is part of a Department of the Ministry of Economic Development.
1.2 What is the relevant Italian trademark legislation?
The trademark legislation is contained in the Industrial Property Code (hereinafter the “I.P. Code”) adopted by the Italian government with Decree n. 30 of February 10, 2005, as well as the civil code.
2 Application for a Trade Mark
2.1 What can be registered as a trade mark?
As stated in art. 7 of I.P. Code: “Any sign capable of being represented graphically, in particular words, including personal names, designs, letters, figures, sounds, the shapes of goods or their packaging, the combinations of chromatic shades may be registered as a trademark, provided that such signs are capable of distinguishing goods or services of a company from those of other companies”.
2.2 What cannot be registered as a trade mark?
Signs which cannot be described graphically cannot be registered. In addition, trademarks which are contrary to the law, the public order, and the morality cannot be registered. Flags and other signs used to identify Countries cannot be registered as well.
2.3 What information is needed to register a trade mark?
The applicant should provide: name and address; his elected domicile (mandatory for non-residents); the description of the sign with indication of the color (if any). In case of a color trademark, the color shade with reference to an official internationally recognized colour chart as Rahl or Pantone; a picture of the sign (if the trademark is bi-dimensional or tri-dimensional); the indication of the Nice class and the indication of the products or services to be protected; the indication of priority, if claimed; evidence of payment of taxes; and a power of Attorney, when the service is rendered by a trademark attorney.
2.4 What is the general procedure for trade mark registration?
Trademarks can be registered by filing a paper application at the Chamber of Commerce or online at www.uibm.gov.it.
2.5 How can a trade mark be adequately graphically represented?
A trademark can be adequately represented by any graphic means such as words, figures, numbers, symbols, monograms, chemical formulas, or any other way of representation, including musical notes.
2.6 How are goods and services described?
When applying for a trademark registration, goods should be described according to the Nice classification system. The applicant should indicate whether the application is for single products or services, or whether the protection is requested for one or more entire classes of the Nice classification.
2.7 What territories (including dependents, colonies, etc.) are or can be covered by an Italian trade mark?
Trademark applications made at the UIBM cover both the Italy and San Marino.
2.8 Who can own an Italian trade mark?
Trademarks can be owned by physical or juridical persons, governmental institutions, charity companies (Onlus) or non-profit associations.
2.9 Can a trade mark acquire distinctive character through use?
According to art. 13.2 of the I.P. Code a trademark can acquire distinctive character through use and can be therefore registered. According to 13.3 of the I.P. Code distinctive character can be acquired even after the trademark has been requested or granted. In such a case the trademark is considered valid and cannot be declared void.
2.10 How long on average does registration take?
UIBM usually registers the trademark within 6-12 months since the application is filed.
2.11 What is the average cost of obtaining an Italian trade mark?
The average cost for obtaining a trademark for one class is around EUR 500.00 (fivehundred), of which EUR 157.00 is for taxes.
2.12 Is there more than one route to obtaining a registration in Italy?
Applicants can obtain a registration in Italy by filing an application at the UIBM; by filing an OMPI application and indicating Italy as a designated State; or by filing a Community Trademark which provides protection also in Italy.
2.13 Is a Power of Attorney needed?
A simple Power of Attorney is required for all applications made through a trademark attorney.
2.14 How is priority claimed?
Priority can be claimed in the trademark application by indicating the date and number of the registration of which the priority is claimed. Evidence of the priority right should be provided.
2.15 Does Italy recognize Collective or Certification marks?
Both collective and certification trademarks are recognized by the UIBM.
1.1 What is the relevant Italian trademark authority?
The Italian trademark Authority is the "Ufficio Italiano Marchi e Brevetti" (UIBM) which is part of a Department of the Ministry of Economic Development.
1.2 What is the relevant Italian trademark legislation?
The trademark legislation is contained in the Industrial Property Code (hereinafter the “I.P. Code”) adopted by the Italian government with Decree n. 30 of February 10, 2005, as well as the civil code.
2 Application for a Trade Mark
2.1 What can be registered as a trade mark?
As stated in art. 7 of I.P. Code: “Any sign capable of being represented graphically, in particular words, including personal names, designs, letters, figures, sounds, the shapes of goods or their packaging, the combinations of chromatic shades may be registered as a trademark, provided that such signs are capable of distinguishing goods or services of a company from those of other companies”.
2.2 What cannot be registered as a trade mark?
Signs which cannot be described graphically cannot be registered. In addition, trademarks which are contrary to the law, the public order, and the morality cannot be registered. Flags and other signs used to identify Countries cannot be registered as well.
2.3 What information is needed to register a trade mark?
The applicant should provide: name and address; his elected domicile (mandatory for non-residents); the description of the sign with indication of the color (if any). In case of a color trademark, the color shade with reference to an official internationally recognized colour chart as Rahl or Pantone; a picture of the sign (if the trademark is bi-dimensional or tri-dimensional); the indication of the Nice class and the indication of the products or services to be protected; the indication of priority, if claimed; evidence of payment of taxes; and a power of Attorney, when the service is rendered by a trademark attorney.
2.4 What is the general procedure for trade mark registration?
Trademarks can be registered by filing a paper application at the Chamber of Commerce or online at www.uibm.gov.it.
2.5 How can a trade mark be adequately graphically represented?
A trademark can be adequately represented by any graphic means such as words, figures, numbers, symbols, monograms, chemical formulas, or any other way of representation, including musical notes.
2.6 How are goods and services described?
When applying for a trademark registration, goods should be described according to the Nice classification system. The applicant should indicate whether the application is for single products or services, or whether the protection is requested for one or more entire classes of the Nice classification.
2.7 What territories (including dependents, colonies, etc.) are or can be covered by an Italian trade mark?
Trademark applications made at the UIBM cover both the Italy and San Marino.
2.8 Who can own an Italian trade mark?
Trademarks can be owned by physical or juridical persons, governmental institutions, charity companies (Onlus) or non-profit associations.
2.9 Can a trade mark acquire distinctive character through use?
According to art. 13.2 of the I.P. Code a trademark can acquire distinctive character through use and can be therefore registered. According to 13.3 of the I.P. Code distinctive character can be acquired even after the trademark has been requested or granted. In such a case the trademark is considered valid and cannot be declared void.
2.10 How long on average does registration take?
UIBM usually registers the trademark within 6-12 months since the application is filed.
2.11 What is the average cost of obtaining an Italian trade mark?
The average cost for obtaining a trademark for one class is around EUR 500.00 (fivehundred), of which EUR 157.00 is for taxes.
2.12 Is there more than one route to obtaining a registration in Italy?
Applicants can obtain a registration in Italy by filing an application at the UIBM; by filing an OMPI application and indicating Italy as a designated State; or by filing a Community Trademark which provides protection also in Italy.
2.13 Is a Power of Attorney needed?
A simple Power of Attorney is required for all applications made through a trademark attorney.
2.14 How is priority claimed?
Priority can be claimed in the trademark application by indicating the date and number of the registration of which the priority is claimed. Evidence of the priority right should be provided.
2.15 Does Italy recognize Collective or Certification marks?
Both collective and certification trademarks are recognized by the UIBM.
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