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.
Not all signs can be registered as trademarks. In order to be registered, signs must comply with the following requirements:
  • lawfulness, meaning that the sign cannot be against common moral and public order and cannot be such as to deceive consumers on the origin and quality of the distinguished product.
  • novelty, meaning that the sign cannot be anticipated by an identical sign or by a sign that can be confused with it, which has been registered or used by others as trademark, company nameor sign for identical or similar products or services.
  • distinctive character, meaning that the sign must be capable of giving immediate recognition to the product or service with respect to analogue products or services on the market.
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