In San Marino, trademark registration is mandatory to be granted rights over a trademark, as it is a "first to file" jurisdiction. Only in some exceptional cases can an unregistered trademark be protected.
The trademark protection can be obtained either by registering locally via the Patent and Trademarks Office of the Republic of San Marino (USBM), or by registering a trademark in Italy, directly via the local trademarks office.
San Marino is a member state to the Madrid Protocol. Thus, the extension of an international registration of a trademark via the Madrid System is possible for this country. For further information regarding our services for trademark filing through the Madrid System click here.
Registered trademarks in San Marino also grant protection in Italy. However, international trademarks filed via WIPO designating San Marino do no offer protection in Italy, nor do international trademarks designating Italy offer protection in San Marino.
San Marino is not a member of the European Union; therefore, European Union trademarks do not confer protection in that jurisdiction.
If you register a combined trademark (which includes both word elements and figurative elements) in San Marino, the exclusive right to use the trademark is limited to a use of the trademark in the exact configuration or way in which it was filed and registered. If you wish to use the word element of your trademark separately from the logo (or vice versa), it is recommended you register for another trademark including only the word or figurative elements you wish to use and protect separately.
Nevertheless, if a third party eventually intends to use a trademark for similar goods or services that includes a primary or distinct part or portion of your trademark, you will be able to present legal actions to stop and prevent this. The probabilities of success of such actions will vary in each case depending on the circumstances.
Although a trademark does not have to be in use in order for it to register, it must not go unused for periods of five years or it will become vulnerable to cancellation actions based on lack of use of the trademark.
Registered trademarks in San Marino have a validity of ten (10) years from the application date and can be renewed indefinitely for further periods of ten (10) years. The trademark renewal can be requested after expiration during the grace period of six (6) months after expiration, upon payment of a late renewal fee.
If you would like for the figurative or design elements of your trademark to be considered when assessing your trademark for registration in San Marino (Trademark Search Report), contact us directly in order to determine if we may be able to offer this in this jurisdiction. In such cases, prices for service and estimated delivery times may vary.