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.
Robert B Franks
Article Published June 6th, 2011