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23 Settembre 2024Dear young innovators,
If you are thinking about starting a business or have already begun working on an entrepreneurial project, registering a trademark could be one of the most important steps you take. But what exactly does it mean to register a trademark? And how do you do it?
Let’s quickly review what a trademark is and why it’s important to register one:
A trademark is a distinctive sign that identifies the products or services offered by your company as opposed to those of competitors. It can be a name, a logo, a slogan, or even a combination of these elements. Registering a trademark gives you the exclusive right to use it, preventing others from exploiting it without your consent. Registering a trademark is essential for ensuring legal protection, commercial value, and customer trust.
Steps to Register a Trademark
- Verify the Availability of the Trademark
First of all, it is essential to verify that the trademark you wish to register is not already in use. You can conduct a preliminary search online using publicly accessible sources such as the TMView Database, which consolidates data from various National Registers into a single tool. If the trademark is already registered in the country of interest and for identical or similar categories of products, it is advisable to choose another name or logo to avoid disputes over your registration.
- Choose the Type of Trademark
There are different types of trademarks:
Word mark: Consists only of words, letters, or numbers (e.g., the brand name).
Figurative mark: Includes graphic elements such as logos or images.
Combined mark: A combination of verbal and figurative elements.
Color mark: Refers to a specific color or combination of colors associated with the brand.
- Decide the Geographic Scope
Do you want to protect your trademark only in Italy, in Europe, or globally? Depending on your needs, you can register the trademark:
Nationally: With the Italian Patent and Trademark Office (UIBM) for protection only in Italy.
Europe-wide: With the European Union Intellectual Property Office (EUIPO).
Internationally: Through the World Intellectual Property Organization (WIPO), for protection in multiple countries.
- Prepare the Necessary Documentation
To register the trademark, you will need to fill out a specific application and provide the following documentation:
Description of the trademark you want to register.
Classes of goods and services for which you want to protect the trademark. These classes define the market sectors in which the trademark will be used (e.g., clothing, technology, financial services).
Details of the trademark owner, i.e., your personal information or that of your company.
- Submit the Registration Application
Once the documentation is completed, you can submit the trademark registration application:
Online: On the UIBM website if you choose national protection, or on the EUIPO website for Europe-wide protection.
In person: At Chambers of Commerce or the appropriate offices.
- Await Review and Approval
After submission, the relevant office will examine your application to determine if it meets the requirements for registration and can be published. The publication lasts three months: during this period, third parties who believe that the trademark application infringes their prior rights may file an opposition to the registration. In the absence of oppositions, once the publication period is closed, the trademark registration will be granted.
- Obtain the Registration Certificate
If your application is granted, you will receive a registration certificate that certifies the ownership of the trademark. From that moment, you will have the exclusive right to use it for the products or services indicated in the application.
To assist you through these delicate steps, please contact us at: Area Services for the Protection of Industrial Property and Technical Standards: patlib@t2i.it.
IP Enjoy(!)er is a project co-funded under the EUIPO Ideas Powered GR/003/23 programme.