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Registrable Italian Trademarks
In Italy all signs capable of being graphically represented and fulfilling the requirements of distinctiveness and novelty are registrable trademarks before the Italian Patents and Trademarks Office (UIBM – Ufficio Italiano Brevetti e Marchi).
According to the Italian trademark law any graphic representation can be used as a trademark. Therefore words, combinations of letters, numbers, graphic images (logos), three-dimensional forms, slogans, any combination of these elements, series of tones (acoustic trademarks) shall be registered as trademarks.
After the filing of the application for the registration of an Italian trademark, the UIBM conducts a first formal and technical exam, which checks that the application meets the formal requirements and the absence of the so-called absolute impediments to the registration.
Depending on the examination results, the trademark is then published in the Italian Trademarks Bullettin or refused.
Starting from the publication of the trademark on the Italian Trademarks Bullettin, a three-month opposition period begins. Therefore, according to Italian Trademark Law, owners of prior registered trademarks or trademark applications, which are identical or similar to the published one, can file opposition proceedings against such trademark within this time limit.
In case no opposition proceeding has been filed, the trademark will be registered.
The registration process takes approximately from 10 to 12 months from the filing date, assuming there are no major objections or oppositions.
Duration and Renewals
Italian Trademarks are valid for 10 years running from the filing date. The registration can be indefinitely renewed for subsequent 10 year periods.
Effects of the registration
A registered Italian Trademark grants the owner the exclusive right to use a certain sign for specific goods and services in the entire Italian territory. At the same time, a trademark owner shall grant someone else the right to use it for a certain period. A registered Italian Trademark grants as well the owner the chance to prevent others from using an identical or similar sign for the same or similar goods and services.