Prepare your Trademark:

– make sure your trademark is a distinctive word, logo, picture or other sign that clearly distinguishes your goods and services from those of other traders;

– check if someone else has already registered or applied to register a similar mark for similar goods or services;

– check if someone else is using a similar mark for similar goods or services (via search engines on Internet, telephone books, copyright of titles, indexes of industries or products)

– if you want to use as a trademark a name which is not yours and belongs to a famous person, the related written consent is required if the person is still alive, otherwise the heirs’ permission: anyway a name cannot be used in a way which would damage the fame or the dignity of those who have the right to use it.

– select the classes of goods or services you require to protect.

Trademark registration lasts for ten years but it can be renewed indefinitely every ten years.

 Submitting an application:

Fill in and file the trade mark application form “Domanda di Registrazione per Marchio d’Impresa – Modulo C ”(Registration for trademarks, filing form C): – more detailed instructions at the following links: http://www.uibm.gov.it/index.php/la-modulistica/marchi  – with all the requested attachments in five copies included the original. The application must be presented in any of the Italian Chambers of Commerce or directly sent to the Directorate General for the Fight against Counterfeiting-Italian Patent and Trademark Office by registered postal service (DGLC-UIBM via Molise,19 -00187 ROMA (ITALY).

Applications must be made in Italian.

If the application concerns the registration of a collective trademark, a copy of the regulation concerning the use of this trademark, the controls and the foreseen sanctions relating thereto must also be attached.

The E-filing for applications is operative. It can be made through the UIBM on line service: http://www.uibm.gov.it/index.php/la-modulistica/marchi

 Examination:

Processing of the trade mark application will be continued only after the receipt of the application fee and class fees, if any. The application will be checked for compliance with the formal application requirements and the existence of so-called absolute grounds for refusal impeding the registration of the application. The IPTO does not examine whether similar or identical trademarks have already been registered.

 Granting of the trademark:

If the application complies with all the requirements and no absolute ground for refusal are identified, the trademark will be recorded in the register and the registration published on the electronic TM Bulletin. There is a three months period after the publication for the proprietor of an earlier trademark to oppose the registration of your mark.