Types of trademark -Brevetti marchi e proprietà industriale

The Italian legislature and jurisprudence have through time identified several categories that grant a different protection:

Mark made

It is the mark which is not recorded but only for fact of being used may be sufficient by itself to achieve a certain degree of protection, since considered a hallmark useful to become recognizable to the public. There are no normative references neither in the EU nor in international law. However, the national legislature grants protection bland (arts. 1 and 2 of the Code of Industrial Property and art. 2598 of the Civil Code). One possible classification for trade marks may depend on the impact that these have on the public, understood as a union of the end users of the products:

Strong TM

Is the brand which enjoys a particularly original, the one able to stand out with a clear advantage in the market, to the point of being able to identify the brand with the same asset that promotes.

Weak TM

For antithesis is what possesses a dimmer ability to stand and less original, but turns out to be sufficient to create all the conditions to be protected because relatively differentiated from all others. Another classification can be made in relation to the ability of the brand to represent the product promoted: It will be called “Mark of imagination” what is a product without relying to any semantic value; and “Expressive Mark” one calling the product by means of its essential characteristics.

Then, there are:

Individual trademark

That is, if it is oriented to separate and distinguish the individual product from the overall service of the company

Collective trademark

What summarizes the origin, nature and quality of the products and services of a company. For clarity just think organizations or associations which prompted a collective mark for the public to distinguish with ease and transparency about the origin and quality assurance. Another distinction can be made in relation to the function that the product goes to play in the market; so we will find a different brand if the registration is made by the entrepreneur himself, and another if it is put into action by the dealer of the product. In any case, the latter can neither change nor conceal the brand “factory”.

A further distinction that you can work it has to do with standardized features in which the mark may fall: Within the category of “Quality Mark” we find in fact, the CE mark (or CE) stating that the product complies with EU directives governing its operations to the market within which they work.

Or can be distinguished according to their origin, tools crucial to the fight against counterfeiting and to protect domestic markets and their specific traditional. Do not require registration as protection drifts by detailed normative references. Marks of origin:

  1. DOP Protected Designation of Origin or PDO Protected Designation of Origin;
  2. IGP Protected Geographical Indication also PGI – Protected Geographical Indication;
  3. STG Traditional Speciality Guaranteed as know as TSG – Traditional Speciality Guaranteed.

Recent technological developments in the field of agriculture have also configured contextual evolution of the legislation and of the hallmarks of the products of the sector, also in this area you can found particular brands, precisely defined biological.

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