When is a trademark infringed?

Infringement occurs when identical or similar trademarks to the registered one, or to the trademark application, are used without authorization by third parties on identical and/or similar products. subtracting market shares to the trademark owner. For more information on how to protect a trademark against infringement, please contact us at: info@metroconsult.it [...]

2020-08-06T15:54:59+02:00Categories: |

When could a trademark be revoked?

A trademark shall be revoked for 3 reasons:  a) - if it has become the common name in the trade for a product or service in respect of which it is registered; b) due to its becoming unlawful, in particular: - if it can mislead the public, in particular as to the geographical origin, [...]

2020-08-06T15:53:41+02:00Categories: |

What is Secondary Meaning?

A non-distinctive sign (that, therefore, cannot be protected as a trademark) can become valid and registered due to its use and the communication activity, acquiring indeed the so-called "secondary meaning". This phenomenon allows over time a descriptive and commonly used expression to take on a further meaning – a "secondary" meaning  - endowed with [...]

2020-08-06T15:51:17+02:00Categories: |

How to protect a trademark abroad?

Due to the challenges of internationalization and the growing spread of the Internet, a trademark must be protected beyond national borders. According to commercial and competitive factors, you could decide to protect your trademark abroad in: countries in which the trademark owner operates; countries where competitors operate; countries where the trademark is used both [...]

2020-08-06T15:49:41+02:00Categories: |

How long does a trademark last?

A trademark has a duration of 10 years from its filing date, renewable indefinitely for subsequent periods of 10 years. The trademark must be renewed within the last 12 months of its validity or in the 6 months following the expiry month, paying a late payment fee. For more information on how to renew [...]

2020-08-06T15:47:43+02:00Categories: |

When is a trademark strong?

Depending on their level of distinctiveness, we can distinguish between strong trademarks and weak trademarks.A trademark is generally considered strong if conceptually distant from the product or service to which it refers. On the other hand, a descriptive trademark with a direct relationship with the product and/or service it distinguishes is considered weak.To know if [...]

2020-08-06T15:45:39+02:00Categories: |

What is a collective trademark?

A collective trademark is a distinctive sign that serves to distinguish products and/or services of more enterprises for example for their specific origin, nature, or quality. The use of a collective trademark is governed by a regulation that may set penalties against non-compliant use of the collective trademark. In Italy Legislative Decree, February 20, 2019 [...]

2020-08-06T15:42:38+02:00Categories: |

Different types of trademarks?

There are different types of trademarks: word marks: marks consisting exclusively of alpha-numeric characters, including fanciful words, which protect the recorded words regardless of its graphic representation; figurative marks: marks that are claimed exactly as graphically reproduced in the application form (in any case they also protected against similar marks, if there is a [...]

2020-08-06T15:39:37+02:00Categories: |

Why should you register a trademark?

The rights deriving from a trademark registration give its owner the exclusive right to exploit it, preventing others without its consent from using identical or similar signs to the registered trademark for identical or similar products or services, if there is a likelihood of confusion between marks. The rights conferred by the registration of [...]

2020-08-06T15:37:37+02:00Categories: |

What is a brand?

A trademark is a word, a slogan, a logo or an image, a graphic representation, or even a combination of these different options that covers a specific product and/or service and distinguishes it from all other products in the market belonging to other undertakings. For more information on trademark protection, please contact us at: [...]

2020-08-06T15:35:18+02:00Categories: |
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