Intellectual Property and the Trademark Nullity

Hello everyone! Welcome back to the Communications Office of the “Italynlaw” Law Firm.
This message concerns one of the topics dealt with by the Law Firm for its Beneficiaries and focuses on the evergreen matter of “Intellectual Property,” this time treating a breakdown of the “Trademark nullity!”

Roughly, the Law points out which signs are eligible for registration as a trademark. For instance, those graphically represented signs presenting the validity requisites can register. These signs can not be identical or similar to other trademarks already notorious by themselves, as an Enterprise, or others previously registered, effective in a country, or notoriously acknowledged according to the 1967 Paris Convention.

The Trademark and Patent Office’s examination doesn’t center on every requisite, and the Office could fall into error. That’s why it may occur to see a Trademark registration, albeit not included among the established signs’ legal figures or lacking one of the validity requisites.
With this, the Law states that every sign and trademark registration can occur, although any legal action about their validity and belonging is unprejudiced. According to the Italian Code of Intellectual Property, for example, all trademarks and signs can get judicially nullified if conditions arise.
So, a trademark is null if it doesn’t correspond to the sign’s legal model the I.P. Code contemplates or if there is no originality. A brand will be void if it violates the Norms of prescribing it in case of functional form innovation, giving the product an added value, and concerning blazons or symbols of public interest. Likewise, if it lacks distinctiveness; if it breaches Law and Order or common decency; if it is deceptive and violates someone else’s reserved right; and finally, if the application for registration is in bad faith. It may result in the same consequence concerning others’ reserved rights over names, portraits, well-known trademarks, and, in the end, in case of the registration application by someone not entitled.

Criteria assessing Brands and signs’ validity when applying for registration regard their confusability. In other words, how the new Brand’s formal entry will induce total or partial confusion among consumers when previously reserved rights are protecting it.
A descriptive Brand, for example, may be concerning products and services in whole or part. In the latter case, the judgment will void the Brand in detail describing the items and services already protected by preceding registration, whereas the remaining Brand will still exist.
The European Union Trademark is also subject to annulment actions, which can be absolute or relative, and it ends up enforcing some limitations concerning legal standing in Court.

As for legal protection of Intellectual and Industrial Property and application registration for Brands, distinctive Signs, and Patent, it looks engaging to remember what follows. The Italian Parliament’s Law on “Urgent measures for economic growth and the resolution of specific crises” established the facilitation called “Voucher 31 – Investing in innovation” to support innovative start-ups. For more information about legal advice and a free consultation to protect Intellectual assets, you can visit www.italynlaw.com.

Thank you so much for listening to this message.
Best Regards.

Figure 3: trademark-rubber-stamp-printed-52234844.
Source: Dreamstime.com

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