A trade mark is a distinctive sign for one or more type of goods and/or services.
The trade mark of a product or service can be synonymous with the branding and image of a company and can become an asset with monetary value that could increase. If you do not apply for protection others may benefit from your investments in publicity. The only way of obtaining the full right over a trade mark is by registering it.
An Italian or Community trade mark may consist of any signs capable of being represented graphically, particularly words, including personal names, designs, letters, numerals, the shape of goods or of their packaging, provided that such signs are capable of distinguishing the goods or services of one undertaking from those of other undertakings.
Signs which may be registered as a trade mark include the following:
- word marks including letters, numbers or combination of letters, numbers and words;
- figurative marks, whether or not including words;
- figurative marks in colour;
- colours or combinations of colours;
- three-dimensional marks;
- sound marks.
Italian trade mark and Community trade mark confers on its proprietor an exclusive right of use. The proprietor is entitled to prevent all third parties, who do not have his consent, from using in their commercial or industrial activities the same or similar signs for identical or related goods and/or services as those protected by the trade mark.
Community trade mark is cheaper considering that gives a protection not only in Italy but also in all contracting states of the European Community (27 countries) and further it is renewable every 10 years.
Before the filing of the trade mark a search of novelty is performed, so that to verify the existence of registered similar marks, in particular for categories of products and/or services of Your interest.
Before the registration of a domain name a search is performed for verifying if the domain name can be registered.
This search however it doesn't furnish any guardianship in the case of marks registered by third part.
In fact these last ones would be able to start an action in order to entitling the domain name.
This because only the proprietor has an exclusive rights of use.
For this reason it is important to make a further search of Novelty, performed through a series of data bases (Italian Trade Marks Data bases, Community Trade Marks Data bases, International Trade Marks Data bases) so that to check if a identical or similar trade mark has already been registered.
In this way it is possible to avoid an entitling action of the domain name (legal action).
If an identical or similar mark has not been registered it will be therefore possible to register the domain name without risking an entitlement action.