In San Marino, you must register your trademark to obtain exclusive rights, because it is a “first to file” jurisdiction. Rights over unregistered trademarks are only recognized in very exceptional situations, so relying on use alone is unsafe.
To obtain protection, you can:
- File locally before the Patent and Trademarks Office of the Republic of San Marino (USBM), or
- Register a trademark in Italy through the Italian trademarks office, as Italian national registrations also extend protection to San Marino.
San Marino is also a member of the Madrid Protocol, so an international registration can designate San Marino via the Madrid System. However, San Marino is not part of the European Union, so EU trademarks do not provide protection in this territory.