The procedure for obtaining a trade mark registration in Italy is through an examination procedure administered by the Italian Patent and Trademark Office (Ufficio Italiano Brevetti e Marchi-UIBM) and the following three steps:
- Application and UIBM Examination: once the application has been filed an examiner from UIBM performs an examination which includes a review on absolute grounds for refusal, a consideration of the classification and whether the trade mark is descriptive or not. Please note that UIBM will not examine relative grounds for refusal (ie trade marks already filed and registered as well as other third party earlier rights).
- Publication and third party Opposition: The second part of the procedure is the publication of the application as referred to above. It is published for three-months. The ‘Opposition’ procedure is a procedure that starts before UIBM when a third party requests the Office to reject an Italian trade mark application citing a previous trademark right (Italian or Community). When an opposition is filed, the proceedings will include an exchange of observations from both the opponent and the applicant (the ‘parties’). After considering these observations, and if an agreement has not been reached between the parties, the Opposition Division of UIBM will decide either to reject the contested application totally or in part. If the opposition is not well founded it will be rejected. If the Italian Trademark Application is not totally rejected, and provided there aren’t other oppositions pending, it will proceed to registration.
- Registration: Following 2 above the Italian Patent and Trademark Office, will register the mark.
How much does it cost?
The costs of a trade mark registration in Italy starts at EUR 192.
Official Fees: EUR 192 for the trademark registration in one class of goods/services + EUR 34,00 for each additional class if your application covers more than one class of goods/services.
If you’d like to know more about this article please send an email to Michael Coyle quoting the article title and any questions you might have, alternatively call the office number on 02380 235 979 or send an enquiry through our contact form.