Italy
Fees for registering Italy trademarks
First class：
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Additional class：
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Renewal:
Service Process
Trademark registration time
The current trademark regulations in Italy are mainly based on the Industrial Property Code, which came into effect on March 23, 2019. The Italian Patent and Trademark Office is responsible for managing trademark affairs and the official language is Italian. Trademark exclusive rights need to be obtained through registration. Trademark registration is not mandatory, but in order to protect the trademark or renew it, it must be registered in accordance with the law. The Italian trademark registration adopts the principle of "application first", but in rare cases, trademark rights can also be claimed based on "prior use". Italy is a signatory to international intellectual property treaties such as the Paris Convention, Nice Agreement, Nairobi Treaty, Trademark Law Treaty, Singapore Treaty, and Vienna Agreement. It is also a member of the Madrid Agreement and Madrid Protocol, as well as the European Union. Therefore, trademark registration can be processed through "single country registration", "EU registration", or "Madrid International Registration".
Trademark Registration Process
At present, the Italian Patent and Trademark Office adopts the Nice Classification 11th edition for the description of goods and services and accepts applications for multiple categories in one form. The elements that can be registered as trademarks in Italy include: text, letters, numbers, graphics, three-dimensional logos, color combinations, etc.
If the applicant does not reside in Italy, they must entrust a specialized agent in their home country to handle the matter. The basic materials required for trademark application are:
1. Trademark design;
2. Category and specific product/service items;
3. Name and address of the applicant;
4. Power of attorney;
5.If priority is declared, priority proof documents and corresponding Italian translations must be provided.
The main process of applying for registration of an Italian trademark is: application acceptance examination announcement approval issuance. The application will be accepted approximately one week after submission. The examiner will conduct formal and substantive examinations on the application. Formal review mainly examines whether the application requirements and classification information comply with regulations; The substantive examination includes the distinctiveness of the trademark and whether it violates the prohibition and prohibition clauses. If the review fails, a rejection notice will be issued and the applicant will be required to respond within the time limit specified in the rejection notice. After the substantive examination is approved, an announcement will be arranged, and a 3-month objection period will be set from the announcement date. Any interested party or prior rights holder may raise objections, and the main reasons for raising objections are:
1. Conflict with prior trademarks, such as owning a prior registered trademark;
2. The trademark lacks distinctiveness;
3. The trademark has adverse effects;
4. Malicious registration;
5. Conflict with other prior rights, such as trade name rights, design rights, copyrights, personal names, etc.
If there are no objections or objections are not valid during the announcement period, the trademark will be officially registered successfully. In a smooth situation, trademark registration in Italy takes about 10 months; If there are any objections or rejections encountered during the process, the time will be extended.
Trademark registration materials
The Italian trademark is valid for 10 years after registration, starting from the date of application; Renewal can be processed within 12 months before the expiration date, with a grace period of 6 months; The renewal is valid for 10 years.
The invalidation or revocation application after trademark registration can generally be filed in accordance with the following provisions of the Industrial Property Code:
1. The trademark becomes a common name in the industry;
2. Trademarks can easily mislead the public, especially in terms of the quality of goods and the source of goods or services;
3.If a trademark has not been actually used in that country for five consecutive years after registration, anyone may apply for revocation, except for force majeure;
4. Conflicts with prior rights (such as prior trademark rights, copyrights, designs, etc.);
5. Malicious registration.
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