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Benelux trademark protects Belgium, Netherlands and Luxemburg. In order to obtain trademark protection in Benelux you can register your trademark in two ways: First option is that you request registration in the entire European Union with one single application; this can be done via the European Union Trademark which grants trademark protection in the 28 country members of the EU (more info here). Second option is that you register directly your trademark in Benelux. If you want to proceed this way please follow the steps described belows.
Step 1 - Comprehensive Trademark Study
Planning to file a trademark in Italy? Don't risk wasting time and money on a registration that won't go through. Our Comprehensive Trademark Study helps you identify potential issues before you file, including conflicting trademarks and registrability issues. Our expert trademark attorneys provide an opinion on the registration possibilities of your trademark, giving you the confidence you need to move forward with your application.
Identify Potential Conflicts Before Filing Your Trademark
Expert Guidance to Avoid Costly Legal Disputes
Streamline Your Trademark Registration Process
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Step 2 - Trademark Application Filing
Our team of trademark attorneys will handle the entire process of filing your trademark application in Italy, ensuring that all necessary formalities are completed for the approval and final registration of your trademark. We'll keep you informed every step of the way, starting with a filing report that includes your application number and date of submission, as well as a scanned copy of your application. You can be confident that your application will be processed quickly and accurately.
Experienced Trademark Attorneys for Your Application
Filing Report and Scanned Copy of Trademark Application
Online Tracking of Trademark Registration Status
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Step 3 - Trademark Registration Certificate
Once your trademark application is approved, our team will handle all the formalities necessary to obtain your trademark registration certificate in Italy, ensuring the process is completed smoothly and efficiently. Once the certificate is issued, we'll send it to your address along with a report that includes your registration number. We'll also monitor and notify you of any important dates related to your registration to ensure that your trademark remains in good standing.
Experienced Trademark Attorneys Assistance
Delivery of Registration Certificate and Report
Monitoring and Notification of Important Dates
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Frequently Asked Questions
Trademark Registration
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Is there a time frame for the trademark registration approval?

The average time frame for the registration approval is 18 months, if no objections or oppositions arise.

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If I register my trademark in Italy, do I have protection in other territories?

Having a registered trademark in Italy means having protection in both the Republic of Italy and Republic of San Marino.

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Do I need to sign a Power of Attorney?

Yes. Trademark application in Italy requires a power of attorney. 

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What are the phases of application after a trademark has been filed in Italy?

The sequence of trademark application is as follows: 

  • Examination – Once the application is submitted to the trademark office authorities, some elements will be examined such as: classification, formality, deceptiveness, descriptiveness, and distinctiveness.
  • Publication – The specifics of the application will be posted online and on print so the public can have access. Details include the mark itself, application number and date, name and address of applicant, goods and services, among others.
  • Registration – If there are no obstacles to the application and nobody has opposed after the publication, the trademark office will then issue the registration certificate.
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Are there any types of trademark that cannot be registered?

Yes. The following marks are prohibited in this jurisdiction: 

  • Marks that contradict public policy or go against standards of moral
  • Terms and words that have a general meaning
  • Marks that include flags, names or symbols of any state, region, nation or international organization
  • Marks that serve primarily as a name of a geographical location
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Is there any possibility to claim priority in Italy?

Yes. The date of filing in your home country can be petitioned as the date of filing in Italy if: 

  • Your home country is a Paris Convention member
  • The application date in your home country is within 6 months prior to your date of application in Italy.
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What do I need to do to satisfy the use requirement?

You must use the mark within 5 years from the date the registration was granted. The mark must be commercially used in this jurisdiction. Using it as a token is not acceptable.

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Once my trademark has been registered, for how many years will be valid?

Registered marks in Italy are valid for 10 years.

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Does having a registered trademark in Italy afford me any right?

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.

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Is there any need to use my trademark before I apply for registration?

No. This jurisdiction does not require prior use or intent to use before applying for trademark registration.

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Who can contest my trademark registration?

Interested parties may challenge the registration namely: 

  • Owners of an earlier registered mark
  • An exclusive licensee
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Is it possible to cancel a registration?

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
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Are there any rights established by having a registered trademark?

Yes, owners of a registered trademark in Italy have the following rights:

 

- Exclusive right to use the brand and to obtain benefits from it;

- Right to oppose conflicting applications filed at a later date;

- Right to request cancellation of conflicting records filed at a later date;

- Right to take legal action against any person who comments an infringement in relation to the mark;

- Right to receive compensation for damages caused by the infringement;

- Right to authorize or license third parties to use the brand;

- Right to request the seizure of counterfeit goods.

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How long is the opposition period?

The opposition period will immediately begin on the date of publication and will end three months after that date.

Basic Concepts
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What are trademark classes?

Trademark Offices around the world use classes to divide commercial products and services into defined categories.  When you apply for your trademark to protect your brand, you must define the class or classes that you believe best describe your business activity. 

Countries around the world have standardized 45 classes (34 for products and 11 for services) for international use under the Nice International Classification.

These classes group all known products and services. If applicable, you can register the same trademark in more than one class; for example, you may register the trademark KING for computers in class 23 and register the same trademark in class 24 for cosmetics. 

Trademark protection only extends to commercial use within your specified classes.  It is, therefore, possible for two entities conducting business in different classes to use identical or similar trademarks and for each entity to enjoy full trademark protection in their respective classes. If you feel that protection should extend to include more than one class, you can choose multiple classes under which to conduct business.

You can search for your trademark class with this Trademark Class Search tool.

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Do I have to specify the products and services?

Yes, you have. It is not possible to register trademarks that are too descriptive or generic. For example, you cannot register the term 'CAR' for automobiles. You also cannot register a trademark that is like other marks. For example, you cannot register a trademark like HAMASON as an online bookstore because it resembles the Amazon brand name.  

If you are unaware of which class or classes best protect your goods and services, we recommend you order the Trademark Study. Our experienced attorneys will review your product or service description and match it to the class or classes most for your business activity. 

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What is a priority claim and when can I use it?

A priority claim is an allowance based on Article 4 of the Paris Convention for the Protection of Industrial Property. It enables you as the owner of a filed trademark to file subsequent trademark applications in any of the Convention’s signatory countries using the effective date of your first application as long as you file the subsequent applications within six months of your original trademark application.  That means if you apply for a trademark in Canada, five months later, you can apply for a trademark in France using the effective date of your Canadian application.

We strongly recommend that you submit your additional applications as soon as possible after your base application.  Many countries have strict requirements regarding the type of documentation required in order to claim priority (sometimes including legalization and translation of the original application). 

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What happens if oppositions or objections arise during the registration process?

The purpose of the Trademark Study is to assess the probabilities of objections and oppositions. If objections or oppositions arise, Nominus.com relies on experienced Trademark Attorneys that will guide you in the appropriate course of action.

Upon notification of an office action or opposition, we strive to:

  • Communicate the details of the action to you as quickly as possible.
  • Include future steps and possible arguments.
  • Monitor deadlines and explain the costs to prepare and submit a response, if applicable.
     
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What does it mean to file a trademark with a Claim of Priority?

A Claim of Priority, often referred to as Convention Priority, is a provision outlined in the Paris Convention. This provision enables applicants to seek trademark protection in any member nation within six months from their first filing, all while maintaining the initial application date. This mechanism provides applicants with a priority advantage for registering their trademark in all member countries of the Paris Union, streamlining the process of securing international trademark protection.

Trademark Search
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Why do I need to perform a trademark search?

Once you have a product or service and think you have a name for it, how do you know you can use it as your own? What happens if you unintentionally use a registered trademark name? 

Too many people use a name without knowing whether or not they have the legal right to do so. They organize massive marketing campaigns with names they later find they’re not allowed to use. Performing a trademark search before deciding which trademark to register is a wise thing to do, especially when you consider future risks of litigation.  

It is a good idea to carry out some research before starting to do business with a trademark. It may not be in your best interest to use a mark if another company is already actively conducting business in the same class.  The other company may object to you using the trademark and legally prohibit you from doing so.

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What is a preliminary trademark search?

Your preliminary trademark search is an important first step before you spend time and money considering whether to apply for a potential trademark or not.

If you have trademark experience, you can use our free trademark search engine, or others like the TMView trademark search engine, to search for existing marks that are identical to your planned trademark. While preliminary trademark searches are a critical part of your registration process, a successful search that shows no conflicts with identical marks does not necessarily mean the Trademark Office will not reject your registration application. 

if you have little or no experience dealing with trademarks, we suggest you find professional help. Our company offers the service Trademark Study. The Study will give you details about the classes where might want to register your trademark, it will also list identical and similar trademarks, and finally, it will provide you an Attorney's recommendation about registration possibilities and use of your trademark.

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Where can I perform a trademark search?

If you know a little about trademark registration, you can search using any online trademark search tool. If not, we recommend that you hire a trademark attorney or trademark service like Nominus.com to handle your trademark registration requirements, especially the trademark search because the process is complex and relatively time-consuming.

Please note that if you don’t manage to complete the application process correctly, the registration can drag on for several months and end up costing far more than you intended to pay. The trademark search is a critical part of the process.

A broad trademark search is essential in today's marketplace, given the increasing number of unregistered and common law trademarks. Globalization also raises the question of entering international markets and registering trademarks in foreign countries to protect both your brand and your property rights.

Please note that even a complete trademark search does not necessarily guarantee your trademark will be accepted and registered. A  Trademark Study includes an extended review process and, more significantly, a formal evaluation of the likelihood that your application will be successful.

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