Registrare Marchio

  • Who we are
    • Eva Troiani law firm: trademark registration and legal protection
    • The Project Registrare-Marchio.com
  • Trademark consultancy
    • The Verification of Trademark’s Requirements
    • Trademark Search: identity and similarity
    • Where to register a trademark
    • Filing a Trademark Application
    • Graphic Creation of a Trademark
    • Trademark protection: the surveillance service
  • Trademark legal assistance
    • Trademark defense from objections of the Trademark Office
    • Trademark defense from disputes
    • Trademark Opposition Proceedings
    • Trademark Assignment and Licence Agreement
  • Contact
  • FAQ
  • Certification
    • EUIPO Webinar 2023
    • SEE Webinar 2023
  • LANGUAGES
    • English English
    • Italiano Italiano
  • The trademark
    • What a Trademark is
    • How to Conceive a Brand
    • Types of Trademarks
    • Denominative and Figurative Trademark
    • Collective Trademark
    • Color Trademark
    • Position Mark
    • Slogan Trademark
    • New marks
    • Unregistered trademark
    • Deceptive Trademark
    • Trademark with Reputation
    • Family of trademarks: what they are
    • Invalid Trademark and Revocation
    • Trademark symbols which can be used in Italy: ™ and ®
    • Value of a brand
    • Trademark assignment
    • Trademark Licence agreements
    • Right of Priority of a Trademark
    • Validation of a trademark
    • Limitations of the Right on the Trademark
    • How to Avoid Complaints to a Trademark
    • Read more
  • Registering a trademark
    • Why to Register a Trademark
    • Who is Entitled to Register a Trademark
    • Filing and Registering a Trademark
    • Nice Classification – 11 edition 2022
    • Duration of a trademark
    • Registering a logo or Registering a brand?
    • How much it costs to register a trademark
    • Graphic changes to a registered trademark
    • Trademark Registration in Italy
    • Registering the European Union trademark
    • Registering an international trademark
    • REGISTERING A TRADEMARK IN EUROPE
    • REGISTERING A TRADEMARK IN THE MIDDLE EAST
    • REGISTERING A TRADEMARK IN ASIA
    • REGISTERING A TRADEMARK IN NORTH AMERICA
    • REGISTERING A TRADEMARK IN LATIN AMERICA
    • REGISTERING A TRADEMARK IN AFRICA
    • REGISTERING A TRADEMARK IN OCEANIA
    • read more
  • Mistakes not to be made
    • 10 errors not to do with trademark
    • Lack of distinctive character of a mark
    • Vulgarization of Trademark
    • Signs become customary cannot be registered as trademarks
  • Further considerations
    • CASE LAW AND TRADEMARK
    • DISTINCTIVE CHARACTER OF A TRADEMARK
    • CONTRACTS RELATED TO TRADEMARKS
    • TRADEMARKS AND BAD FAITH
    • COUNTERFEITS AND MISLEADING INDICATIONS
    • UNFAIR COMPETITION
    • GEOGRAPHICAL INDICATIONS
    • EUROPEAN UNION TRADEMARK
    • COPYRIGHT
  • News
    • Read posts
  • Guest corner

Home FAQ: questions and answers on trademarks

FAQ: questions and answers on trademarks

Under Italian law, any sign capable of being represented graphically, particularly words, including personal names, designs, letters, numerals, sounds, the shape of goods or their packaging, the combination or chromatic shades, may be the object of the registration as a trademark, provided that such signs are capable of distinguishing the goods or services of a company form those of other undertakings.
For more information: What a trademark is

The mark can be only a design, it is not mandatory that is composed of one or more words.
For more information: Types of Trademarks: Definition and Characteristics

Yes, provided that the slogan is distinctive. This means that the slogan, whatever its promotional meaning, must have something that allows the relevant public to perceive the same as an indicator of the commercial origin of the products and/or services.
For more information: Mark consisting of advertising slogans in the EU case-law

Yes, the registration of the mark may also be claimed by an individual not registered for VAT.
For more information: Who can register a trademark

Yes, a trademark application can also be filed by more than one individual and/or company.
For more information: Co-ownership of the trademark

The search allows you to become aware of the existence of earlier marks which are identical to and/or similar with yours and allows, in this way, to change the mark to be filed in order to make it different from the existing ones. Ultimately, the search is important as helps you to reduce the risk to be contested by the owners of earlier marks.
For more information: Trademark search

This kind of search cannot be considered neither complete nor safe. There may exist brands that, despite not being used and not being visible on the market, nevertheless exist by a legal point of view and have full effect, then are in the position to challenge another trademark filed after them.

The principle is that the search should be carried out among the marks effective in the area concerned. For example, if you want to register a trademark in Italy, the search should concern all the marks effective in Italy, namely Italian trademarks, Community trademarks and International Trademarks designating Italy.

The Nice Classification is an international classification system of products and services used for the registration of trademarks and introduced by the Nice Agreement signed on 15 June 1957 in the French city. The Classification consists of a total of 45 classes, 34 of products and 11 of services.
For more information: Nice Classification

It means to constantly check the Trademark Registers of interest in order to be quickly aware of the filing of trademarks identical to or similar with your trademark.
Per approfondire: Trademark protection: surveillance actions 

It is important that you are timely aware of the filing of a trademark which may be confused with yours because in many Countries (including Italy) the law provides with a short deadline to file an opposition against a trademark application.
For more information: Trademark opposition proceedings

You can consider devoid of any distinctive character the trademark which directly coincides with a word that describes the product identified by the mark (for example, “jeans” for “denim trousers”, “anti-rain” for a raincoat or “moisturizer” for a face cream) or consists of descriptive indications relating to the product.

The vulgarization is the phenomen that occurs when a word, originally in effect a trademark, becomes in the public’s perception the common name used to indicate a product. The mark must have become the common name for the goods or services among the large majority of the relevant public including those involved in the trade of the goods or services in question. A vulgarized trademark loses any connection with the enterprise and becomes the common word which identifies all the products of the same category.

Yes. First of all, it is necessary that the trademark owner does not use its trademark as generic name of the product, secondly, it is necessary that the owner defends its trademark when he sees that its mark is used in a descriptive function by others; for example, it could be useful to remind in the advertisements that the goods are protected by a registered trademark.

In Italy, the registration lasts ten years from the date of filing and the trademark is renewable indefinitely for equal periods of time.

No. Ten years is the time in the majority but not in all the States. You should always check what provides the law in each State.

The community trademark is necessarily effective in all EU Countries and, in case the mark ceases to have effect, it will be similarly not effective in all States of the European Union, because it is not able to explain its effects only in some Countries of the European Union but not in others. Thus, for example, the Community trademark cannot be declared invalid only in France and Poland but valid in the remaining States of the European Union or in any of them, because it must be valid or ineffective in all Member States of the European Union and not only in some of them.

The international trademark is not a trademark with worldwide validity; it is not a trademark whose registration automatically gives protection all over the world. When you file an international trademark, you have to ask protection in the States of your interest and the trademark will be examined separately by the Trademark Office of each Country designated in the application. At the end of the different phases of the examination, the trademark may obtain protection in all or in part of the States designated in the application.

The choice of the international registration may give many advantages: with a single application, in one language, you can apply for protection in several States; there will be one renewal and also the possibility of extending subsequently in other Countries the effectiveness of the international trademark.

No, it is possible to designate only the States that joined to the Conventions relating to the international trademark. If you are interested in a Country which is non-protectable by an international registration you can always protect the same by filing a national trademark in the Country of your interest (for example, a national Brazilian trademark in Brazil).


Did you find this article interesting? Share it!

Eva Troiani

Eva Troiani (Attorney At Law)

Eva Troiani has been working for over 15 years dealing with all aspects of the trademark: from trademark application to trademark registration worldwide, providing assistance in the event of disputes; she proposes an extensive legal advice to companies and professionals. She is the author of all the articles in this website “registrar-marchio.com”, a project created with the aim of providing useful and updated information on the trademark’s world to all readers. You can follow the lawyer Eva Troiani also on her Linkedin profile. Partner 24 Ore


 

Eva Troiani

Do you need assistance, advice or information? If you have an idea, do not let it steal!

Contact Eva Troiani’s law firm

For registration and protection of trademarks

The texts in this database are only for informational and scientific purposes and they are not to be considered official; we therefore decline any responsibility for possible errors or inaccuracies. All mentioned trademarks belong to their legitimate owners; trademarks, product names, trade names and the images of the products are the property of their respective owners. They are used in this database only for informational purposes, without any purpose of violating existing rights of others.
The information you obtained at this site is not, nor is intended to be, legal advice. You should consult Ms. Eva Troiani and/or a trademark attorney and/or an attorney at law handling with intellectual property for individual advice regarding any legal questions that you may have.

Find out why Mario decided to register his trademark

Register now your trademark!
Guest Corner

Last articles

  • attenzione alle fatture false per pagamenti non dovuti su spese di marchi registrati

    Misleading invoices: false renewal notices

    A new scam is in progress: false invoices for t...
  • Cancellazione marchio in Turchia/Trademark cancellation in Türkiye

    As for January 10, 2024 Turkpatent will decide on cancellation

    Dilara Uçar shows us why a trademark can be can...
  • Registrare un marchio in India (Trademark)

    Trademark Filings in India – Your Roadmap to Protection and Success!

    Colleague Ankita Malik explains in detail the t...
  • Tutela della voce nella giurisprudenza americana ai tempi dell'AI / voice protection in American jurisprudence

    Hey, that’s my voice! Can I sue them?

    My colleague Teresa Segalman explains what Amer...
  • Trade marks in Vietnam: “I want to overcome the refusal”!

    My colleague Nguyen Ngoc Thanh explains in deta...

Category

  • THE TRADEMARK
  • REGISTERING A TRADEMARK
    • REGISTERING A TRADEMARK IN EUROPE
    • REGISTERING A TRADEMARK IN THE MIDDLE EAST
    • REGISTERING A TRADEMARK IN ASIA
    • REGISTERING A TRADEMARK IN NORTH AMERICA
    • REGISTERING A TRADEMARK IN LATIN AMERICA
    • REGISTERING A TRADEMARK IN OCEANIA
    • REGISTERING A TRADEMARK IN AFRICA
  • MISTAKES NOT TO BE MADE WITH TRADEMARKS
  • INSIGHTS INTO BRAND
    • CASE LAW AND TRADEMARK
    • DISTINCTIVE CHARACTER OF A TRADEMARK
    • COPYRIGHT
    • CONTRACTS RELATED TO TRADEMARKS
    • TRADEMARKS AND BAD FAITH
    • COUNTERFEITS AND MISLEADING INDICATIONS
    • UNFAIR COMPETITION
    • GEOGRAPHICAL INDICATIONS
    • EUROPEAN UNION TRADEMARK

Subscribe to the newsletter

come contattare l’Avv. Eva Troiani

+393382938021

Utility

  • Eva Troiani law firm: trademark registration and legal protection
  • The Project Registrare-Marchio.com
  • Where to register a trademark
  • The Verification of Trademark’s Requirements
  • Trademark Search: identity and similarity
  • Filing a Trademark Application
  • Graphic Creation of a Trademark
  • Trademark protection: the surveillance service for the protection of your brand
  • Trademark Opposition Proceedings
  • Trademark Assignment and Licence Agreement

Contact

Eva Troiani (Attorney At Law)

P. Iva IT07106461002


+39.338.29.38.021
 info@marchiebrevettiroma.it

You can also find me on:

logo iustlab

  • Who we are
    • Eva Troiani law firm: trademark registration and legal protection
    • The Project Registrare-Marchio.com
  • Trademark consultancy
    • The Verification of Trademark’s Requirements
    • Trademark Search: identity and similarity
    • Where to register a trademark
    • Filing a Trademark Application
    • Graphic Creation of a Trademark
    • Trademark protection: the surveillance service
  • Trademark legal assistance
    • Trademark defense from objections of the Trademark Office
    • Trademark defense from disputes
    • Trademark Opposition Proceedings
    • Trademark Assignment and Licence Agreement
  • Contact
  • FAQ
  • Certification
    • EUIPO Webinar 2023
    • SEE Webinar 2023
  • GET SOCIAL
Registrare Marchio

registrare-marchio.com | Avv. Eva Troiani © 2023 - All rights reserved | Cookie policy | Privacy policy
The contents of this site provide readers with general information and are not legal advice.
Powered by
Ip Coster

TOP

Questo sito fa uso di cookie tecnici per permettere una corretta navigazione agli utenti e cookie di terze parti (come Google Analytics, Maps, ReCapcha, etc..) per migliorarne la fruizione. Se vuoi saperne di più consulta la nostra Cookie Policy.

Questo sito utilizza i cookie per fornire la migliore esperienza di navigazione possibile. Continuando a utilizzare questo sito senza modificare le impostazioni dei cookie o cliccando su "Accetta" permetti il loro utilizzo.

Chiudi