File a Trademark
The mark is a "sign" used to distinguish its own products/services from those of its competitors.
The main function of the mark is to enable consumers to identify a product (be it a good or a service) of a given undertaking, so as to distinguish it from similar or identical products supplied by competitors.
All signs - which can be represented graphically - capable of distinguishing the goods or services of one undertaking from those of others may constitute trade marks.
The registration process
In many countries the registration of the mark is done after an examination phase carried out by the competent national Trademark Office. It is only after the successful conclusion of any opposition proceedings that trade mark owners obtain trade mark registration.
Before applying for registration of a trade mark, it is advisable to:
check that the corresponding domain name is still free;
perform a prior art search: to check that it is not identical or similar to previously registered trademarks;
identify the classes of the goods/services for which registration of the trademark is intended, using the International System of Classification of Trademarks which includes 34 classes for goods and 11 others for services.
It is essential that the trademark is registered in all classes in which it is intended to be used.
Register an Italian trademark
Our firm is admitted to represent applicants before the Italian PTO for the filing of trademarks.
The trademark application can be filed by anyone: natural person, legal person, associations, bodies, etc., including minors, even foreigners, provided they are domiciled in one of the EU countries.
More than one person can be the owner of a trademark.
The assignment must always be made in writing and can be done through a letter of assignment or general power of attorney. In the absence of official remarks by the UIBM or oppositions by third parties, the Italian trademark normally reaches registration after about 10-14 months from the filing of the application.
Register a European trademark
The EU trademark is a mark valid throughout the entire territory of the European Union and established by Council Regulation no. 40/94 EC.
The trademark allows to obtain with a single application a trademark valid throughout the territory of the European Union.
Entitled to the registration of a European trademark are natural persons having citizenship or domicile in a Member State, legal persons having their seat or a permanent establishment in a Member State and also natural or legal persons having citizenship, domicile, seat or a permanent establishment in one of the States adhering to the Paris Convention or to the Agreement establishing the World Trade Organization (GATT).
The application for registration is subject to the examination conducted by EUIPO.which verifies the correctness of the formal requirements of the application for registration.
Third parties with prior rights may object to the registration of the trade mark application within 3 months from the date of publication. If nobody files an opposition, the mark is registered. In the absence of any official remarks by the EUIPO or opposition by third parties, the European trade mark will normally be registered approximately 5-8 months after the filing of the application.
Register an international trademark
The term "international trade mark" refers to a system of filing through a single application in several foreign countries that are members of the Madrid System.
Our firm deals both with the filing of trademarks for countries that adhere to the so-called Madrid system, and in countries that are not members of the Madrid system, through the support of corresponding firm with which we have more than ten years of relationship.
