Trademarks

A trademark is a distinctive sign that distinguishes the products or services of a company from those of other companies

How to register a trademark

Magnifying glass logo, novelty search

Novelty search

Filing of a trademark logo

Filing

Examination of a trademark logo

Examination

Trademark registration logo

Registration

The novelty search

It is always advisable to carry out a prior art search for the wording you wish to register. This way you can change the trademark before taking further steps if an identical or similar registered trademark already exists. Small differences that do not alter the core are not sufficient to avoid the risk of confusion between trademarks.

The filing

Filing is the first step before the competent offices, to be taken to obtain the right to the exclusive use of your brand avoiding that competitors can take advantage of your reputation to expand their business. Only if the application for filing is accepted will the trademark be registered and will be valid for 10 years from the filing date.

Depending on the market of interest, it is possible to deposit:

  • an Italian trademark, at the Italian Patent and Trademark Office (UIBM);
  • a European trademark, at the European Union Intellectual Property Office (EUIPO);
  • an international trademark, at the World Intellectual Property Organization (WIPO); or
  • a foreign national trademark.

The filing requires the indication of the products or services that will be identified with the trademark in order to guarantee precise and certain protection. We will take care of creating a product list tailored to your needs and including each area of ​​your interest.

The first filing of a trademark gives rise to a priority right valid for 6 months.

The examination

After the filing, the trademark will be examined by the competent offices to verify compliance with the essential requirements for its validity such as:

  • the non descriptiveness;
  • the presence of distinctiveness;
  • respect of public order;

Depending on the competent office to which it is addressed, during the examination phase, novelty searches may also be carried out to verify the presence of identical or similar trademarks already registered that could be in conflict with the registered sign.

Once the examination is over, the trademark will be published and for 3 months it will be able to receive any objections from identical or similar earlier trademarks.

The registration

After 3 months of publication, the trademark is finally registered and will therefore be readily actionable against counterfeiters who usurp its reputation.

At the end of 10 years from the filing date, the trademark may, if still of interest, be renewed for a further 10 years and so on.

To date, the trademark is the only industrial property title that can be kept alive for an unlimited period of time.