The registration of a trademark can be extended beyond national borders by means of a specific application for each individual country of interest.
It is also possible to request protection in some or all countries that adhere to the Madrid Agreement and the Madrid Protocol with a single international registration of the International Trademark.
The elements of these agreements are valid only for the countries that have joined them, with the same degree of protection within them.
To file an International Trademark, it is necessary that the applicant has previously filed an application for registration of an Italian trademark or an EU trademark, which will act as a “baseline trademark” for the international trademark application.
The institute is managed by WIPO (World Intellectual Property Organization) which, by assigning a registration date, issues a certificate to the applicant and at the same time publishes it in its own Bulletin.
This registration has a duration of 10 years and can always be renewed.
It should be emphasized that this is not a single trademark but a “bundle of national trademarks” subject to the legislation of the individual country in which it is registered.
If required by national law, holders of earlier rights can activate an opposition procedure to the granting of the international trademark in the territory of the state.
The owners of trademarks filed previously have the right to oppose the registration of the new International trademark within three months from the first day of the month following the one in which the publication of the international trademark took place in the Gazette de l’Organisation Mondiale de la Propriété Intellectuelle des Marques Internationales.