registrare in italia

 

Fill in the application form (form), together with the relative documentation, to request the registration of a design or model in Italy. The application can be submitted in paper form or on-line to any Camera di Commercio (Chamber of Commerce) to which, in this case, administration fees must be paid; alternatively, it can be sent to the IPTO via a postal service certifying its receipt (thus it is possible to submit applications directly to the IPTO in paper form only). 

 

Documents that must always accompany the application

  • the graphic reproduction of the design or model, or the graphic reproduction of the products, the manufacture of which must be the subject of exclusive right, or a sample of the same products in the event of products having only two dimensions
  • the receipt of payment of rights to the Agenzie delle Entrate F24

Further documentation

  • the description of the design or model, if necessary for the intellect of the design or model itself, which must:
    - refer to the design or model and not to the product to which it applies
    - be accurate and able to show the difference between the filed design or model and any other pre-existing design or model
    - cover all aesthetic characteristics of the design or model, emphasising the more important aspects. The description can be integrated by one or more claims that briefly indicate the essential new parts of the model (each claim must refer to a single characteristic); such claims constitute the part that delimits the protection itself of the model
  • the designation of the inventor showing name and surname, nationality and residence, if the name is not indicated on the application form. The designation must be signed by the owner of the application and by the inventor
  • any letters of appointment, power of attorney or declaration of reference or general power of attorney, in case the registration is entrusted to a consultant or to a lawyer
  • any priority documents translated in Italian only if claiming a priority right of a first filing abroad

With a single application, it is possible to request the registration of more than one design and/or model, as long as they belong to the same "class" (see the Locarno Classification). For example, if you have designed a series of chairs, tables and furniture and wish to register them, as all the products belong to the same class, the most convenient and economic solution is to submit a single application, thus paying only one fee. However, if you also wish to register a lamp, a second application must be submitted, as this product belongs to a different class. A design or model can have "variations": to be considered as such, two designs or models must refer to the same product and not be substantially different from each other, for example, the clip version and the post version of the same earring model. The application, with the graphic reproductions or the samples and descriptions, after filing, is immediately made available to the public, unless the applicant has excluded access to it for a period that cannot exceed 30 months from the date of filing or from the priority date.


Evaluation of the application
In our legal system, the prior examination of a design/model registration application consists in an administrative and technical verification, in light of which an interim request of clarification/further examination may be requested, to which the applicant must respond within 60 days, extendable  up to six months. At the end of the interim phase, the IPTO issues a refusal or issuance provision of the registration, against which it is possible to appeal to the Board of Appeals within the deadline of 60 days from receipt. Once the design/model has been registered, the applicant becomes the owner, for all intents and purposes, of the relative industrial property right.


The request to withdraw the application
If no longer interested in registering the design/model, between having submitted the application and the issuance of the relative provision, it is possible to submit a withdrawal request  to the IPTO or the competent offices of the Camera di Commercio (Chamber of Commerce), that must be submitted with a 16.00 Euro stamp. The request must include the applicant's (or representative's) master data, the application filing number and date for the design/model to be withdrawn, and it must be signed by the applicant or, by appointment, by the representative. Once the application for withdrawal is filed, the user is issued a copy of the report (simple or certified copy at the applicant's request), marked with the letter R (or Z). Reimbursement of the paid fees can be requested with the withdrawal request.

INFORMATIVA

Il sito utilizza cookie tecnici per migliorare i servizi offerti e ottimizzare l'esperienza dell'utente. Proseguendo la navigazione - senza modificare le impostazioni del browser - accetti di ricevere i cookie. Se non desideri ricevere i cookie, modifica le impostazioni del tuo browser, ma sappi che alcuni servizi non funzioneranno correttamente. Per saperne di piu'

OK