With the international registration, it’s possible to extend a basic (national or EU) trademark to about 90 countries that join the ‘”Agreement and Protocol of Madrid”. www.wipo.intTrademark is a word, a figure or other distinctive sign that can be represented graphically. For example, it can consist of the shape of good, its packaging, sound and smell. It’s intended for distinguishing the products or the services of a company.
A trademark performs three important functions:
– it identifies the origin of the products and services;
– it is a guarantee of constant quality, as it reflects an engagement by the company in respect of users and consumers;
– it is a form of communication, key element in the promotion and advertising fields
A trademark may become one of the most important assets of an enterprise.
The registration of a trademark is one of the most effective means available to defend the brand image; a way to ensure that is not used by others and gives the possibility to immediately let it being enforceable against third parties. If a trademark is not registered, others may do so and earn the right to mark their products and services with it.
The trademarks influence the daily decisions of the consumers. A strong trademark creates an identity, builds the trust, distinguishes from the competitors and communicates.
To verify the novelty of a trademark, it’s advisable to make a search before to file the application for registration. In particular, in Italy, there is no review of news by the Italian Patents and Trademarks Office (U.I.B.M.), so the grant of the registration does not preclude that an identical or similar mark has already been registered by others.
The Trademark has territorial validity.
With the Community Trademark and a single application, it’s possible to register a trademark in all the current 27 countries of the European Union. This offers several advantages: a single application, a single working language, only one opposition, appeal, application for declaration of nullity will be treated in one location with far lower costs. On the other hand, it is to note that in cases where, due to opposition on the basis of a national mark of any EU country that gives rise to the refusal of the registration, the same is refused on the whole European Union. www.oami.eu
If you want to file the mark in those countries not joining the Agreement and the Protocol of Madrid and don’t belong to European Community, Studio Iemmedue can perform National filing on the countries you are interested in by its foreign associates all around the world.
