Trademark application filing fees
Fees associated with filing the trademark applications in Italy, as well as other trademark fees, are available in the fee calculator.
Multiple-class trademark applications
Multiple-class trademark application is possible in Italy.
Minimum trademark application filing requirements in Italy
For the obtainment of the filing date a trademark application in Italy must contain:
– applicant’s data (name, address, nationality);
– list of goods/services;
– pictures of the trademark (.jpeg format);
– payment of the filing fee.
Requirements to the Power of Attorney in Italy
Legalization or notarization of the Power of Attorney is not required. It may be provided within two months from filing the Italian Trademark application.
Priority document for application in Italy
For confirmation of the right of priority, a certified copy of the priority application should be submitted within six months from filing the trademark application in Italy. If the certified copy of the priority document is filed in a language other than Italian, a translation into Italian is to be submitted to the Italian Patent Office within two months from filing the priority document.
Validity term for trademark application in Italy
The trademark in Italy is valid for ten years from the date of filing, indefinitely renewable for the like periods.
Opposition period for application
The opposition period is three months from the date of trademark publication in a monthly Bulletin on the Italian Patent and Trademark Office’s website.
Renewal of an Italian trademark application
It is possible to file a renewal application from 1 year before the expiration date of the registration and up to six months after such date. A signed POA is required.
Use requirement
Trademark registration in Italy will lapse if it has not been used within five years from registration or if its use is discontinued for more than five consecutive years.
Representation by an Italian trademark attorney
For foreigners residing outside Italy or the European Economic Area (EEA), it is recommended to perform the trademark prosecution through an agent: a registered Italian trademark attorney or a foreign lawyer provided that he has an address for service within the EEA.
What can be registered as a trademark in Italy
Any sign distinguishing the goods or services of one enterprise from those of other enterprises may be registered as a trademark in Italy. Particularly, words, including personal names, designs, letters, numerals, sounds, the shape of goods or their packaging, color combinations or tonalities, motions, multimedia, sounds, patterns, holograms, or shapes may be registered as a trademark.
Notes
1. Online Search databases: Italian Trademarks, EU Trademarks, International Trademarks.
2. Trademarks registered in Italy via national procedure are valid in San Marino and vice versa.
3. Trademark protection in Italy may also be obtained via registration of the European Union Trademark.
4. A 3-month time limit starting from the date the Office issues the provisional refusal must be observed for filing of a response to the provisional refusal of an international registration in Italy. There is no option to extend the 3-month term. The language of the response is Italian. For applicants not residing in the territory of the European Union or European Economic Area, it is necessary to file a response through a local representative. In addition, it is possible to request a revision or file an appeal against the Office’s decision after the response has been submitted.
If you have any queries related to the Trademark Filing in Italy, please contact IIPLA team. We will be more than happy to resolve your queries free of cost.