Modificare un marchio

 

Who can make a change

Any request for change relating to registration applications for trademark or already registered trademarks must be exclusively made by the owner or their representative, by submitting an appropriately stamped request to the IPTO: this request can be directly transmitted or filed at any Camera di Commercio (Chamber of Commerce)  that will forward it to the IPTO.
If it is so wished, it is possible to appoint an agent (representative), only needed if not having a legal address in Italy.

What and how to make a change

The IPC provides that, before the Italian Patent and Trademark Office grants the licence, the applicant can correct, in the non-substantive aspects, the originally filed application (art. 172, comma 2). It is, therefore, possible during this phase for the applicant to request non-substantial changes of the trademark or of other items contained in the application such as, for example, the domicile, the change of name or company name (also following transfer of the registration application of the trademark to another party). Very slight changes can be made to the image of the trademark or, in the case of a word trademark, to the print characters, the transformation of a character from upper-case to lower-case and vice-versa, the partial deletion of the items composing the word trademark; no further additions to the word trademark can be made with other words or letters such to distort its meaning. In essence, the list of products/services originally filed can be limited or better specified, but not expanded.

If there is an error in the register of trademarks, it is possible to request an errata corrige with specific stamped request exclusively submitted by the owner or their representative (therefore requests made by different parties will not be accepted) containing:

  • name and contact details of the person requesting the correction or rectification
  • name of the person that requested the registration (owner)
  • number and date of registration in question
  • number of registration application of the trademark
  • error to be corrected and exact indication of the requested correction
  • place where the error is reported (IPTO database, Official bulletin, etc.) For existing trademarks, if the requested changes do not concern errors but:

- an extension of the requested protection (additional classes of products/services): it is possible to make changes by filing a new registration application
- change in ownership of the trademark: proceed with a  “transcription” request
- master data changes, waivers, limitations: proceed with a “annotation” request.

 

When to make a change

Whenever a trademark is changed: there is no obligation concerning the registration of changes, but it is rather a choice of opportunity. The trademark is fully protected as it is registered.

 

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