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Find out what a registered trademark and how to protect your brand. A complete guide to registering a trade mark with practical tips and legal procedures.
A registered trade mark is an essential tool for anyone wishing to protect their name, logo or other type of identifying mark. In this article, we will define what it consists of, how it is obtained and what its advantages are.
Definition of registered trade mark
What is a registered trade mark? It is an exclusive right granted to a company or individual for the use of a distinctive trade mark. This trade mark may consist of words, letters, numbers, drawings, images, colours, shapes, sounds and even smellsand is used for identify a product or servicein such a way as to distinguish themselves from their competitors.
The main advantage is that it guarantees the owner a exclusive right of use of the trade mark itself. This means that no one else can have an identical or similar one to identify a similar product or service. It also provides greater protection against trade mark usurpation and unfair competition. This can be particularly important for companies that have developed a strong brand and reputation for quality.
How to obtain a registered trade mark
To obtain a registered trade mark, an application must be filed with the Italian Patent and Trade Mark Office (UIBM), which deals with protecting property rights industrial and intellectual in Italy.
A detailed description of the trade mark, including images or a detailed description of the design, must be submitted. In addition, you have to pay a filing fee, which may vary depending on the type of trade mark.
La application for registration is then examined by the Patent and Trade Mark Office, which checks whether the trade mark meets the requirements. If everything is OK, it is registered and the owner receives a trade mark registration certificate.
How to check if a trade mark is registered
To see how to check whether a trade mark is registered, you have to perform a search in the register of trade marks of the Patent and Trade Mark Office. In Italy, it can be done through the website of the aforementioned UIBM, which contains information on national, European and international registrations (with searches both by trade mark name and trade mark owner).
It is important to note that the fact that a brand is not present in the register of trade marks does not necessarily mean that it is not protected by copyright or another type of protection. In any case, it is always best to have the UIBM launch a thorough investigation for certain verification.
Alternatively, it is possible to turn to an IP lawyer for professional advice and assistance in verifying the validity of a registered trade mark and handling any legal conflicts.
Trademark FAQs
Q: How long does it take to register a trade mark?
A: A trade mark registration lasts ten years, but can be renewed from time to time.
Q: Can I register a trade mark identical to one already on the market?
A: No, a trade mark that is identical or similar to an already existing trade mark cannot be registered.
Q: What happens if someone uses my registered trade mark without my consent?
A: In this case, the holder may initiate legal action to enforce his rights.
Q: What are the economic advantages of a registered trade mark?
A: The registered trade mark can be used as a business asset, and can increase the value of the company.
Q: Can I register a trade mark abroad?
A: Yes, it is possible to register a trade mark in numerous countries around the world, including through international industrial property agreements.
Final considerations
In conclusion, a registered trademark is an important protection tool for companies and individuals who want to protect their brand. Registration ensures a exclusive right of use of the trade mark itself, and can provide greater protection against unfair competition and trade mark usurpation, becoming an important asset for any company.
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