To obtain trademark protection in Italy you can proceed in two main ways:
- National route: file directly before the Ufficio Italiano Brevetti e Marchi UIBM.
- Regional route: file a European Union Trademark (EUTM), which grants protection in all European Union member states.
Italy is also a member state to the Madrid Protocol, so you can extend an international registration to Italy via the Madrid System; we offer services for trademark filing through the Madrid System.
A registered trademark in Italy also grants trademark protection in San Marino, but only if the mark is registered directly through the Italian national procedure. EUTMs and international registrations designating Italy do not provide protection in San Marino.
In Italy, registration is not mandatory to obtain trademark rights, as extensive prior use can be recognized. However, registration is always strongly recommended, since it:
- Grants a presumption of ownership,
- Helps prevent future conflicts about who owns the mark, and
- Facilitates enforcement in cases of infringement or unauthorized use.
Also, keep in mind that searches for figurative elements (logos) are not available by default: searches only cover the verbal elements of a mark. If you want the figurative or design elements of your mark to be considered in a Trademark Search Report for Italy, you should contact us directly; in such cases, fees and delivery times may vary.
If you register a combined trademark (word + logo) in Italy, your exclusive rights are limited to using the mark exactly as filed and registered. If you wish to use the word part separately from the logo (or vice versa), it is recommended to file additional trademarks for the specific elements you want to protect independently.