Trademark protection and registration

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Why is it important to register a trademark? 

The absence of protection can cause harm and, at the same time, lead to an advantage for competitors who have an incentive to exploit market opportunities in a given sector. 

Registration of a trademark grants the exclusive right to use the registered sign. Competitors will not be able to use any equal or similar sign, effectively defending its integrity and exploitation, thus preventing infringement.  

The trademark is a source of valorization and income, materializable in revenues generated by exclusive or non-exclusive licenses that can be granted to third parties.

In addition, a registered trademark is an intangible asset that can be recorded on the balance sheet as a capital asset bringing significant benefits.

In an increasingly competitive market, identifying with a distinctive sign is tantamount to attributing unique value to one’s investments.   

Protecting one’s brand means protecting what it represents, not only in terms of perception by the target audience, but also in terms of history, ethics, services offered, and corporate reputation.

Protecting corporate identity returns value and benefits, which is why trademark registration is essential.

Scope

Registration of a trademark involves reference to specific goods or services (International Classification). The trademark is territorial, that is, it is valid only in the countries where it is registered. Therefore, it is advisable to protect the trademark in all countries considered to be of interest.

Filing: time and manner

Before filing a trademark registration application, it is very important to verify that what we want to protect is indeed unique, exclusive, and that someone else has not already done so. This is a strongly recommended procedure to avoid finding ourselves in legal battles or even having to give up, for example, the marketing of the product and use of the trademark.

Italian Trademark

A trademark registered in Italy gives its owner the right to exclusive use from the filing date and is confirmed upon registration. It is valid for 10 years and can be renewed indefinitely.

Community Trademark (EUM)

This is the first step for those who plan to expand their business activities to other European Union countries beyond Italy.

It allows a title valid for all EU countries to be obtained in a single procedure

As with the Italian trademark, protection lasts 10 years from the date of filing the application and can be renewed indefinitely upon expiration.

International Trademark (Madrid Protocol) 

It allows an Italian or European Union application for registration to be extended to other foreign countries. More than 100 countries on five continents have joined the Madrid Protocol. It is possible to obtain protection in some or all of these countries with a single application. The cost of the International Trademark varies depending on the designated states and their individual fees. 

The International Trademark lasts 10 years from the date of registration and can be renewed indefinitely. Renewal can be total or partial, that is, one can renew protection only for some of the states previously chosen, or one can limit the list of goods or services to be protected.

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