What is a trademark
A trademark is a word, name, symbol or device which is used in trade with goods to distinguish them from the goods of others.
All new signs that can be represented graphically can be registered as trademark, especially words, including personal names, drawings, letters, numbers, sounds, the shape of products or of packageof products, chromatic combinations and tones, as long as they can distinguish the products or services of a specific company from other companies.
Trademarks are registered for one or more classes in relation to the products and services to be distinguished. In case of conflict, the owner of a trademarks with earlier registration has a priority right against those who register and/or use an identical trademark or a trademark that can be confused with the earlier trademark.
In order to be in conflict two trademarks must be registered and/or used in relation to the same goods. Based on this principle the law admits the amiably coexistence of trademarks that designate different goods even if they are totally similar.
In order to protect the distinctive signs used on products, including abroad, the holder of an Italian trademark can file a trademark registration application in the individual countries of interest.
In such a case the registration application must be filed with the national Patent and Trademark Office of each country involved in the extension.
The foreign registration applications will have a totally autonomous life during the examination and the granting procedures and also for the formalities that are necessary to maintain the patent and trademark alive.
The registration in individual countries is mandatory to extend an Italian trademark in those countries that have not signed the international conventions that provide for cumulative registrations. Such a procedure is recommended to extend an Italian trademark in one or more states that have signed the International Conventions in order to reduce costs.