Trade marks and Community design protection

How to apply for a trade mark or registered Community design

You can submit your application in three different ways:

  • by filling in and submitting an application online;
  • by downloading a form to fill in, available at https://uibm.mise.gov.it/index.php/it/deposito-titoli/modulistica-per-il-deposito-cartaceo/86-normativa/2036082-domande, and then delivering the paper form to the counter of any Chamber of Commerce, Industry, Agriculture and Craft;
  • by downloading a form and sending the completed paper filing form to the following address: Ministero dello sviluppo economico, Direzione generale per la tutela della proprietà industriale - Ufficio Italiano Brevetti e Marchi (UIBM), via Molise, 2 - 00187 Rome.

Contact details of the relevant authority

Contact the Italian Patent and Trademark Office (UIBM) for all relevant information

Email: contactcenteruibm@mise.gov.it

Telephone: (+39) 06 4705 5800. The service is available every day from Monday to Friday, excluding public holidays

Online availability of the procedure

To access the online filing service:

What documents do you need to start the procedure?

For a trade mark

  • The application contains:
    • details identifying the type of filing and the type, nature, name, description and colours of the trade mark for which registration is sought
    • a list of goods and services, subdivided according to the Nice Classification
    • any priorities
    • personal details of the applicant
    • any correspondence address
  • You must also enclose:
    • a copy of the trade mark (in colour or in black and white).

For a design.:

  • The application contains:
    • application identification data (type, lack of access to the public, designated inventor)
    • proposed classification
    • any priorities
    • applicant’s personal details
    • any correspondence address
  • You must also enclose:
    • a graphic or photographic reproduction of the designs.

Deadlines for submitting documents

It is essential to file an application in which the applicant is identifiable and can be reached. You must attach: for trade marks, a representation of the trade mark and list of the goods and services; for designs, a graphic or photographic reproduction of the designs.

In any case, the fees must be paid when the application is filed, because the official filing date is postponed to the payment date if payment is made later.

Documents not filed at the same time as the application, for which the right to file has been reserved, may be filed within 2 months of the application filing date.

Documents providing evidence of priority must be filed within 6 months of the application filing date.

If a deadline is not met, you can apply for the continuation of the procedure subject to the payment of an additional fee.

How much are the administrative fees?

In order to file an application, stamp duty, administrative charges and, where applicable, Chamber of Commerce filing fees must be paid, unless exemptions apply:

  • Stamp duty, if an application is filed:
    • online: EUR 42.00 flat rate
    • on paper: EUR 16.00 for every 4 pages of the application and annexes
  • Administrative charges:

Trade marks:

  • EUR 101.00 for goods and services in a Nice class for the initial filing of an application (EUR 67.00 for renewal applications);
  • EUR 34.00 for goods and services included in each class additional to the first.

Designs:

  • if the application covers only one design: for an application filed online EUR 50.00, on paper EUR 100.00
  • if it covers more than one design: for an application filed online EUR 100.00, for a paper application EUR 200.00
  • when the application is filed on paper, administrative fees of EUR 40.00 are due to the Chamber of Commerce.

Duration of trade mark or design protection

A trade mark is valid for 10 years and may be renewed indefinitely for further 10-year periods, by making the appropriate applications. The design protection period lasts five years from the application filing date and can be renewed, by paying the maintenance fee, for four 5-year periods up to a maximum total of 25 years.

 

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