The registration of a trade mark is a procedure which is part of the Italian Patent and Trademark Office (UIBM) instituted by the Ministry of Economic Development, which manages and regulates the requirements and procedures for registration of trademarks according to national legal provisions.
Register a trademark in Italy means getting the right to exclusive use of the mark, since the date of filing. It has a term of ten years and can be renewed indefinitely to each his due.
The validity of this right is limited within the jurisdiction of the State in which it is registered (principle of territoriality), and it is only in this country, which may require appropriate protection. Another limitation is characterized in that the protection can be invoked only for those products indicated in the registration or its relatives (specialty principle).
There are exceptions, however, that have to do with providing greater protection, when that is, the brand enjoys a certain reputation, a reputation sufficient in itself to justify the actual presence of misuse by third parties of the brand recorded, regardless of the specifications of the product or its territorial district.
Since the date of filing the application for registration, the applicant may asserts his rights before the registration.
The centerpiece of the procedure lies in the well-known “Form C” that is the model for the submission of the application. This can be sent to the Chamber of Commerce or directly UIBM or even proceed to the computerized registration on the official site of the above.
Or flood the system and to allow a streamlining bureaucratic, the competent office is authorized to remove “from bulletin” all those brands that have not actually been used for at least five years. Registration and rights arising automatically expire while they must still be certified by the competent organ judgment.