Trademark legislation

Trademark registration regulations

Trademark and patent terms

LEGISLATION TRADEMARKS


ITALIAN TRADEMARKS

Industrial Property Code
Contains general provisions, substantive standards for each industrial property right, disciplines for legal protection (unifying the standards found in each special law), and the conditions for acquisition and preservation of the validity of rights and relative procedures.

Rules for implementation of the Industrial Property Code

Civil Code Volume Five
Articles 2569-2574 of Title VIII (“The Company”) govern the right of exclusivity of the trademark, collective trademarks, prior use, prohibition of suppression of the trademark and its transfer. Title IX (articles 2575-2594 Italian Civil Code) refers to intellectual property and industrial invention rights. Title X, Para. 1 (articles 2595-2600 Italian Civil Code), refers to the discipline of competition and unfair competition.




EC TRADEMARKS

European Parliament and Council Directives
There are two landmark directives for protection of EC trademarks. The first dates back to 2004 (Directive 2004/48/EC of 29 April) and regulates compliance with intellectual property rights. The second is dated 2008 (Directive 2008/95/CE of 22 October) and establishes the approximation of the laws of the member states relating to trademarks.

Regulation 207/2009 of the European Council, 26 February 2009
The regulation defines the rules and conditions to be fulfilled for the registration of EC trademarks: rights, applications, procedures, duration, cancellations, complaints etc.

EC Commission Regulation 2868/95, 13 December 1995
The regulation lays down the implementing rules of Regulation (EC) 40/94 applicable to the EC trademark.




INTERNATIONAL TRADEMARKS

Madrid Agreement for registration of international trademarks
A treaty signed by many countries that enables acquiring of an international trademark simply on the basis of a trademark registered in the country of origin.

Madrid Protocol for registration of international trademarks
A treaty signed by many countries that allows trademark owners to extend protection of their property simply by filing an application at the national or regional trademarks office.



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