Register a Trademark
It is important to protect your trademark by filing an application with the competent government Authority. The application will be examined, and, if no obstacles arise in the course of the procedure (or, in the event, if they are overcome), the trademark will be registered. Nothing prevents you from using your trademark without launching any registration procedure. You should, however, consider the following:
- In some countries, the simple use of the mark is not recognized and does not give rise to any right;
- Your trademark will be more attractive commercially if it is registered (or at least filed), in the event that you decide, for example, to assign it (assignment agreement) or license it (licensing agreement) for the use of third parties;
- It is easier to contest the use and filing of a trademark that could be confused with yours if you are the owner of a filed/registered trademark. A mark that simply has been used (without being registered or filed) cannot always be defended, and, even when it is possible, you will need to prove its use or notoriety, which is not always easy;
- Finally, there is the law: Article 12, b) last line of the Italian Industrial Property code states that “prior use of the mark, with no or purely local notoriety, does not take away the novelty”.
- Tel. / fax: 06 58233422