Which Trademark and Where
When you will choose the word or graphic signs that will become your company brand (or the mark for your products or your services), Eva Troiani law firm will be at your disposal to assist you and to tell you which trademark it is advisable to register and where.
In this post we talk about:
verification stage, is preparatory to the trademark registration and it is essential because, during it, trademark requirements and the options related to the territorial protection of the trademark will be examined
Which trademarks can you register?
Not every trademark is registrable; for instance, descriptive marks (trademarks which consist exclusively of signs or indications which may serve, in trade, to designate the kind, quality, quantity, geographical indication or other characteristics of the goods or services), deceptive trademarks (trademarks which are of such a nature as to deceive the public, for instance as to the nature, quality or geographical origin of the goods or services), trademarks which are contrary to the law, to public policy and to the principles of morality (for example, trademarks offensive to the religious sentiment or to the decency of the institutions). If you want to deepen the matter, we suggest you the reading of the article deceptive trademark.
Legal advice is therefore essential in order to understand if the brand can be registered, minimizing the risks of disputes.
Where can you register a trademark?
The territorial effectiveness of a trademark will be limited to the State od to the States in which you wish to file your trademark application.
If your trademark is registered only in Italy, it is protected exclusively in Italy and not, for instance, in France. If your trademark is registered in the European Union, it will be protected in the E.U. and not, for example, in the United States.
Therefore it is advisable to carefully choose the market in which your goods or services will be proposed, in order to decide whether to file an Italian trademark application, an EU trademark application or an international trademark registration or a trademark registration effective in a foreign State (for example, a Turkish trademark).
Which classes is it advisable to claim?
Usually the registration of a trademark does not guarantee protection for all the products and services but only of those claimed when the application was filed and then granted by the competent trademark office: there exists an International classification of goods and services, named Nice Classification to whom it is possible to make reference at the time of trademark application filing.
It is very important to exactly know which products (or services) will be marked by your trademark and to file a correct filing list at the time of filing, taking care to respec the rules related to the words which must be used in order to avoid problems with the examiner of your application.
If you want to know in detail all the classes, including products and services, you can get a look to the section Nice Classification list for trademark registration.
The advice of Eva Troiani’s law firm, thought for your specific needs, will allow you to easily identify WHICH trademark you can file and WHERE.
Feel free to contact us, we will be pleased to give you all the information and advice you may need.