Anyone intending to obtain recognition of the industrial property of a trademark must provide an application, specifying the class of the types of products, goods and services for which the registration is intended, according to the Nice classification. The brand is the way in which your customers identify you and your company and distinguishes your products from those of all others by enclosing your values.
The term “trademark” commonly indicates a sign aimed at distinguishing the products and / or services of a company from those of another company. In fact, the mark indicates a sign capable of being represented graphically but also by means of words (letters, figures, drawings etc.) and with its registration its owner obtains the exclusive right to use it throughout the national territory for those products or services for which the registration is made.
To be registered, the trademark must necessarily have the conditions required by Italian law such as originality and novelty. Registration is made at the U.I.B.M. (Italian Patent and Trademark Office) and is valid for ten years from the filing date of the application. At each expiration the mark can be renewed for additional ten years for an unlimited number of times.
More specifically, the trademark registration activity includes:
a) The prior verification of the conditions for the registration of the trademark required by law;
b) the identification of the type of brand more suitable for the customer’s needs (figurative trademark, mixed brand, territorial extension of the brand, identification of the product classes of products and services to be protected);
c) the fulfillment of all the bureaucratic/administrative procedures aimed at filing the trademark application (retrieval of the documentation to be attached to the application, counting and payment of registration fees and administrative fees);
d) the preparation and filing of the trademark application at the competent offices. The registration of an international trademark will require prior registration of the trademark in the Italian territory.
It is important, even before using a name and a logo as its own trademark, to verify if it has already been used by others and if it is in possession of all the features required by national law in order to obtain protection.
In particular, the trademark must possess the originality or distinctiveness requisite: it cannot be made up of generic names, descriptive indications of the product, of the service or of their qualities, of their destination, of their geographical origin or of any other characteristic of the product or service. Furthermore, the trademark must also possess the novelty requirement: it must be different from previous trademarks belonging to other entities for identical products or services.