Trademarks—Italy—Q&A guide

The following IP practice note provides comprehensive and up to date legal information covering:

  • Trademarks—Italy—Q&A guide
  • 1. What is the primary legislation governing trademarks in your jurisdiction?
  • 2. Which international trademark agreements has your jurisdiction signed?
  • 3. Which government bodies regulate trademark law?
  • 4. Who may apply for registration?
  • 5. What may and may not be protected and registered as a trademark?
  • 6. Can trademark rights be established without registration?
  • 7. Is a famous foreign trademark afforded protection even if not used domestically? If so, must the foreign trademark be famous domestically? What proof is required? What protection is provided?
  • 8. What are the benefits of registration?
  • 9. What documentation is needed to file a trademark application? What rules govern the representation of the mark in the application? Is electronic filing available? Are trademark searches available or required before filing? If so, what procedures and fees apply?
  • More...

Trademarks—Italy—Q&A guide

This Practice Note contains a jurisdiction-specific Q&A guide to trademarks in Italy published as part of the Lexology Getting the Deal Through series by Law Business Research (published: August 2020).

Authors: Spheriens—Pier Luigi Roncaglia; Carloalberto Giovannetti; Noemi Parrotta

1. What is the primary legislation governing trademarks in your jurisdiction?

The primary legislation is the Italian Code of Industrial Property, Legislative Decree No. 30 of 10 February 2005, last amended by Law Decree No. 34 of 19 May 2020.

2. Which international trademark agreements has your jurisdiction signed?

Italy has signed the following international trademark agreements:

  1. Paris Convention for the Protection of Industrial Property of 20 March 1883;

  2. Madrid Agreement Concerning the International Registration of Marks of 14 April 1891;

  3. Nice Agreement Concerning the International Classification of Goods and Services for the Purposes of the Registration of Marks of 15 June 1957;

  4. Vienna Agreement Establishing an International Classification of the Figurative Elements of Marks of 12 June 1973 (Italy has signed this agreement but never ratified it);

  5. Protocol Relating to the Madrid Agreement Concerning the International Registration of Marks of 27 June 1989;

  6. Trade-Related Aspects of Intellectual Property Rights of 15 April 1994;

  7. Trademark Law Treaty of 27 October 1994; and

  8. Singapore Treaty on the Law of Trademarks of 27 March 2006.

3. Which government bodies regulate trademark law?

Trademark law is subject to the standard law-making procedure, ordinarily undertaken by

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