Most EU countries have administrative procedures that allow trademark registrations to be opposed but, until recently, Italy did not.
This is despite the fact that an opposition system is provided for in the current intellectual property (IP) Code, which has been in force since 2005.
The procedure remained a dead letter because the implementing regulation had never been enacted and a system to publish trademark applications had never been put in place. The only way for the owner of an earlier right to challenge a trademark application was to commence a cancellation action through ordinary courts in Italy.
The opposition procedure has finally become a reality. In 2010, the implementing regulations of the IP Code were enacted. On May 11, 2011, the Ministry for Economic Development passed the longawaited Opposition Decree, a further regulation detailing, inter alia, the timetable for implementing the opposition procedure. The procedure for opposition against the registration of trademarks finally became available in Italy in July 2011.
To continue reading, you need a subscription to WIPR. Start a subscription to WIPR for £455.
In-house feature articles, the archive and expert comment require a paid subscription. Subscribe now.
Want to give it a try? We are offering a two week free trial to the WIPR website – register and select “Free Trial” to begin access to the full WIPR archive and read the latest news, features and expert comment. Begin your free trial here.
Is your 2 week free trial about to end? Upgrade to a 12 month subscription for £455 now.
If you have already subscribed please login.
If you have any technical issues please email James Lynn on email@example.com.
Oppositions, UIBM, community trademarks, domain names, opposing marks