English
Registration is not mandatory to secure rights to a trademark. The first-to-use rule is applicable in Italy. Prior use is accepted and long-term use can even avert a later registration.
The Italian national trademark office is accessible via this link: http://www.uibm.gov.it/
No. This jurisdiction does not require prior use or intent to use before applying for trademark registration.
The following are acceptable basis for opposition:
- Proprietary rights
- Personal name rights
Interested parties may challenge the registration namely:
- Owners of an earlier registered mark
- An exclusive licensee
Yes. The following are grounds for cancellation:
- Bad faith
- Proprietary rights
- Prohibited marks in Italy
- Registered mark was used in misleading/disparaging manner
- Mark violated the moral principles or public order of Italy
- Mark included a protected badge or emblem
- Mark is generic
- Mark is functional
- Mark does not display distinctiveness
Yes. Owners of registered marks in Italy establish the following:
- Exclusive rights to use and benefit from the mark
- Rights to stand against conflicting applications filed at a later date
- Rights to appeal for the cancellation of conflicting registrations filed at a later date
- Rights to take legal action against parties that infringe the mark
- Rights to obtain damages from infringement
- Rights to authorize or license third parties to use the mark
- Rights to appeal for seizure of counterfeit goods
The opposition period will immediately begin on the date of publication and will end three months after that date.
Yes. Italy is a member of the Madrid System.
No. It is not required.