Change in Italian Trade Marks Practice

Death of Her Majesty Queen Elizabeth II

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Death of Her Majesty Queen Elizabeth II

The staff at Franks & Co were saddened to learn of the death of Her Majesty Queen Elizabeth II. Our thoughts are with His Majesty King Charles III and the rest of the Royal Family.

The United Kingdom is now officially in a period of mourning until after the Queen’s state funeral which is to be held on Monday 19 September. Normal day-to-day business will continue throughout this period.

The UK government has declared the day of the funeral to be a national Bank Holiday, so the United Kingdom Intellectual Property Office will be closed on Monday 19 September.

The United Kingdom Intellectual Property Office’s official guidance on bank holidays is given below:

The office is deemed to be closed on weekends, Good Friday, Christmas Day and all England and Wales bank holidays for all types of business, except for the filing of new applications not claiming priority. If documents are filed for these types of business at times when the office is deemed to be closed, they will receive an official filing date of the next working day.

Any official time period which expires on a weekend or any other day on which the office is closed is extended to the next working day.

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Italy has now implemented a trade mark opposition procedure by virtue of a Decree of Law enacted by the Ministry of Economic Development on May 11, 2011.

All Italian national trade mark applications filed as of May 01, 2011, and all international trade mark registrations published from first issue of the WIPO Bulletin of July 2011 are now subject to opposition procedures.

In Italy, opposition proceedings can only be based on prior trade marks which are either already registered, or already filed.

If clients are using trade marks in Italy, but have not yet registered them, then we strongly recommend filing an application for registered trade mark protection in Italy.

The options for registration include:

Italian national trade mark application. Community trade mark application covering the whole of the EU. International trade mark application designating Italy.

For further details and advice on which procedure would best suit your interests, please contact one of our European trade mark attorneys.

Stéphane Ambrosini

Debbie Ashmore

Jonathan Banford

Iain Croft

Robert B Franks

Catherine Lichota

Helen Whitham

Article Published June 6, 2011