chi può registrare un marchio

Art. 19 of IPC states that "registration of company trademark can be obtained by those using it or propose to use it in manufacturing or trade of products or in the performance of services of own company or controlled companies or that use it with its consent". It can either be a natural person or a legal person.

 

Therefore, the registration of a sign by those not wanting to directly use it, is permissible: for example, an advertising agency, a consortium of producers or a financial holding company. Also recognised is the admissibility of the registration of a trademark for merchandising purposes, meaning a trademark intended to be primarily, if not exclusively, used by third parties.

The collective trademark can be registered by associations of manufacturers, producers, suppliers of services or traders. The collective trademark must be registered by those in possession of an adequate structure to guarantee the trademark's effective management and it is granted for use to all manufacturers subjecting themselves to the rules established by the owner. This particular consortium - providing the presence of a common organisation among more associated companies aimed at developing some operational phases - is considered suitable to assure this collective trademark management effectiveness, as it allows the operational results (difficult to obtain by the single company) to be achieved - thanks to economies of scale, particularly in promoting and marketing typical products - and offers single companies greater visibility with respect to individual trademarks, especially for products regulated by precise typicality specifications.

The applicant can personally file an application or elect a representative chosen from among the consultants in industrial properties, registered in a specific professional register held by the Italian Patent and Trademark Office, or from among the lawyers registered in the relative registers. The representative is only mandatory when not having a manufacturing plant or a legal domicile in Italy.

The appointment can be made in the application for filing (in which case the application must be signed by the applicant and by its representative) or with separate deed which may consist of a power of attorney or a letter of appointment.

The power of attorney consists of a deed signed before a notary with which appointment is conferred to follow any procedure before IPTO without having to specify the object, nor to which applications (trademark, patent, design, model or other) the power of attorney refers.

The letter of appointment may be general or specific and the latter can be single or multiple:

  • general: the conferred appointment refers to the entire course to obtain the requested registration, as well as the processing of all matters relating to any dispute
  • specific: the services the consultant must perform are indicated (the domicile, the partial or total course of filing the application, the advice in the case of objection, the appeal at the Board of Appeals against refusals, etc.)
  • single: relates to a single application
  • multiple: may relate to more applications which must always be indicated in the letter.

Any subsequent application to that with which the general or multiple letter of appointment has been filed must indicate the details of the filing of the said letter of appointment.

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