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 already notorious trademarks, such 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.
Taking everything into account, 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.
The Norms in question combat breaches in the case of functional form innovation, giving the product 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 regarding their “confusability.”
In other words, the new Brand’s formal entry will induce total or partial confusion among consumers when previously reserved rights protect it.
To be clear, a descriptive Brand, for example, may concern 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.
As of this date, 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 patents, 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 “Voucher 31 – Investing in innovation” facilitation to support start-ups.
Figure 3: Trademark rubber stamp printed.
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