Che cosa si può registrare

All signs - graphically representable - suitable for distinguishing the products or services of a company from those of others, may constitute company trademarks:

  • words (including personal names)
  • designs
  • letters
  • digits
  • sounds
  • shape of the product or of its packaging
  • combinations or chromatic tones

The law requires that a sign can be validly registered as trademark in the case it is provided with:

  • novelty, as it cannot be confused with others' prior distinctive signs (trademarks, domain names, trade names)
  • distinctive character, as it is suitable for distinguishing a product or service from that of others
  • lawfulness, as it is not contrary to law, public order and good conduct and, above all, not suitable to mislead consumers of the geographical origin, of the characteristics and quality of the relative products and services.

 

Signs specifically identified by law which cannot be the subject of registration, include:

  • emblems and other signs considered in the international conventions in force, in the cases and at the conditions mentioned in the same conventions, as well as signs containing symbols, emblems and escutcheons of public interest, unless the competent authority has authorised its registration
  • signs able to mislead the public, particularly on the geographical origin, on the nature or on the quality of the products or services
  • portraits of people without their consent, personal names different from the applicant, if their use is such to prejudice the reputation and dignity of those having the right to have such names; if known, they can be registered as a trademark of the person entitled to it or with his consent, personal names, the signs used in artistic field, literary, scientific, political or sports, the names and initials of events and those of bodies and associations not having economic purposes, as well as their characteristic emblems
  • signs that may constitute a violation of another's copyright, of industrial property or of a third party exclusive right
  • signs exclusively consisting of the shape set by the same nature of the product, by the shape of the product necessary to obtain a technical result or by the shape giving a substantial value to a product
  • signs exclusively consisting of the generic names of products or services or by descriptive indications
  • signs which have become of common use in current language or in constant trade uses
  • signs identical or similar to a sign already known as a trademark, as a company, name or company name, sign or company domain name, adopted by others, if this determines a risk of confusion for the public due to the affinity of product or services
  • signs identical to a trademark already registered in the state or with effectiveness in the state for identical products or services
  • identical or similar signs to a trademark already registered by others in the state or with effectiveness in the state for identical or similar products or services, if due to the identity or similarity between the signs or to the identity or similarity of the products or services, it may give rise to a risk of confusion
  • identical or similar signs to a trademark already registered by others in the state or with effectiveness in the state for products or services even not similar, when the trademark enjoys fame in the state (or, if communal, in the Community) and if the use of the sign without due cause causes undue benefits from the distinctive character or from the fame of the trademark or could be detrimental to it.

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