It is worth throwing all doubts aside if you have decided to register a TM in Italy in the fashion industry. It is in Italy, one of the world centers of fashion and luxury goods, that the most comfortable conditions have been created for protecting rights in the field of fashionable creativity, which cannot be said about many other jurisdictions.
Registration of design in Italy and its protection under Italian law gives the owner full rights to prevent others from unauthorized use of it for their own purposes.
In this article, we will take a closer look at the main aspects that you need to pay attention to if you want to protect a fashion brand in Italy. We also offer a quick overview of what you need to know if you want to start an e-commerce business in Italy.
Design protection in Italy
You can qualify for design protection in Italy, which covers the final product, patterns, fabrics, packaging, etc., if they are individual.
You can apply within 12 months from the first disclosure, that is, the presentation of your design product to the audience at a fashion show. Test how promising it is, and then you can already apply for brand registration in Italy.
In Italy, any unregistered design that meets the above requirements is granted three years of protection, starting from the first release in the European Union.
You can get copyright protection in Italy automatically when you create a work.
Finally, it is possible to obtain product form protection in Italy if the product is new and has a distinctive distinguishing feature.
Domain names, store signs, slogans used by the company can also be protected by the Italian IP code. To become the owner of a trademark nationally, it must be registered with the Italian Patent and Trademark Office (UIBM) of the Ministry of Economic Development.
Start IP rights litigation in Italy
You will be refused registration of a trademark in Italy if it is identical or similar to the previously registered one.
IP litigation falls under the exclusive jurisdiction of specialized infringement and invalidity courts. Violations can be prosecuted as a crime under the Italian Penal Code.
By the right of privacy
Without a properly registered brand, it is almost impossible to protect your ideas from competitors. If you are planning to register a company in the fashion and luxury goods industry in Italy, you are obliged to comply with the GDPR data protection regulation, which is common to all EU countries.
Launch of an online store in Italy
In Italy, e-commerce is booming and very fast, especially after the outbreak of the coronavirus pandemic and related distancing measures and travel restrictions. Opening an online store and selling products online significantly reduces the operating costs of an e-commerce owner, significantly lower than a traditional store owner, and consumers around the world are starting to buy more and more online. The number of people shopping online in Italy is projected to reach 44.1 million in 2023.
The sale of fashion products in Italy via the Internet is subject to registration in a special system informing the authorities about the start of online trading.
Websites and fashion stores must comply with the laws governing B2C transactions in Italy. Failure to comply with these rules can lead to administrative sanctions with very significant financial losses.
The EU geo-blocking requirements for purchases on online fashion platforms in Italy also apply in case of non-compliance with the conditions of equal access to foreign platforms and the acceptance of foreign payment methods to prevent any discrimination.
Finally
The protection of intellectual capital in the form of IP assets in Italy serves to increase the market share and profit of the company. Good IP asset management in a business or marketing plan helps to increase the value of an enterprise in the eyes of investors and financial institutions.
Should you have any queries or if you require more information on the topic, do not hesitate to sign up for an individual consultation on the protection of IP rights in Italy from the highly qualified legal professionals of our company.
