The UIBM (Ufficio Italiano Brevetti e Marchi) is the intellectual property office responsible for accepting trademark registration applications in Italy. The office is tasked with reviewing each application, and either approving or denying the registration. The process of applying for exclusive rights over an Italy trademark can be complex and so it is advisable to enlist the professional guidance of a consultancy firm or attorney when seeking registration.
Registering an Italy Trademark
There are a number of aspects to consider then seeking registration of a trademark in Italy.
Trademark Search: Prior to filing for Italy trademark registration, it is imperative that a search is conducted to ascertain whether the mark is available for registration. A search involves a detailed analysis of the UIBM’s database of registered trademarks and is typically performed by a professional consultancy firm or an attorney. Once the availability of the mark is confirmed, the registration application can commence.
Owners who do not conduct a trademark search and who apply to the UIBM with a mark that is unavailable for registration, will subsequently have their application rejected, and will lose their application fee.
Requirements to meet: Trademark law in Italy stipulates that a mark must be distinctive and capable of graphical representation. If the mark is not unique, or causes confusion to the public in any way, it is highly unlikely that the UIBM will approve the registration of the trademark. In addition, the mark must not describe the product or service it represents.
Commercial Use: The registration of an Italy trademark requires it to be used in a commercial capacity within Italy. Where the mark is registered, but has not been used commercially after registration, the owner’s rights for renewal may be denied by UIBM on grounds of non-use. An Italy trademark is valid for 10 years after registration.
Legal Protection: Once a mark has been registered in Italy, the applicable laws and regulations in place effectively protect the owner of the mark from third party infringement of their intellectual property rights. Where a third party uses the owner’s registered trademark without the expressed consent of the owner, the case is brought to a court of law, and the appropriate legal remedy obtained.
View our Italy Trademark services page to see how Starting Business can help.