Trademarks

What is a trademark

A trademark is a word, name, symbol or device which is used in trade with goods to distinguish them from the goods of others.
All new signs that can be represented graphically can be registered as trademark, especially words, including personal names, drawings, letters, numbers, sounds, the shape of products or of packageof products, chromatic combinations and tones, as long as they can distinguish the products or services of a specific company from other companies.

Trademarks are registered for one or more classes in relation to the products and services to be distinguished. In case of conflict, the owner of a trademarks with earlier registration has a priority right against those who register and/or use an identical trademark or a trademark that can be confused with the earlier trademark.

In order to be in conflict two trademarks must be registered and/or used in relation to the same goods. Based on this principle the law admits the amiably coexistence of trademarks that designate different goods even if they are totally similar.
Patent registration starts with filing the application with the Ufficio Italiano Brevetti e Marchi (Italian Patents and Trademarks Office) (U.I.B.M), directly or through the Chamber of Commerce.

The application must be presented on special forms and accompanied by:
 
  •     a short summary
  •     the description of the invention
  •     one or more drawings related with the description
  •     payment receipt of government fees

Once filed, the application is examined by the U.I.B.M. to make sure that the invention complies with the requirements set forth by the law.

As an average, three years elapse from the filing date.
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