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Recently, new regulations recognizing the value of marchio storico (or historical TMs) were introduced in the Republic of Italy. So, let’s take a closer look at the amended regulations & their significance for the regulation of Italian brands.

Updated TM Regulation in Italy

It’s important to understand that the amended regulations have got nothing to do with the coronavirus pandemic & measures put in place by the government to kickstart the country’s economy. In fact, the said regulatory updates had been considered long before the pandemic broke out. Their main goal was:

  • to promote TMs registered in the Republic of Italy;
  • to make Italian TMs marketed internationally increase in value.

The measures can also be thought of as an additional stimulus to businessmen planning to register a company in Italy during a difficult time like this.

What Does It Mean?

April 2020 saw the adoption of a bill containing provisions on the application of historical TMs in Italy. Those interested in registering a TM in the Republic of Italy should keep in mind that the said piece of legislation envisages the creation of a brand new TM register in the country. Applications began to be accepted in April 2020.

The right to access the registry will be provided to owners of historical TMs & holders of exclusive licensees who have held a registered TM with the UIBM for no less than fifty years. Owners of unregistered TMs can also apply if they provide proof of continuous use of a TM for fifty years.

Applicants are required to submit their applications via the official website of the UIBM. Please keep in mind that registration of a historical TM in the Republic of Italy requires no extension. The general public can take advantage of a searchable database which makes  accessing information on historical TMs a lot easier.

There’s a separate procedure for processing applications submitted by licensees, and not by owners. Although registering a historical TM in the Republic of Italy doesn’t automatically entail the establishment of IPR, its owners can use a special logo confirming their affiliation with a historical TM in their marketing materials & transactions.

Conclusion

Being a highly innovative measure, historical TMs help Italian brands make their marketing strategies more effective & provides consumers with a yet another verification tool enabling them to check the authenticity of the “Produced in Italy” label.


Seeking to register a TM in the Republic of Italy? Need advice on the regulation of TMs in the Republic of Italy? Why not contact IQ Decision UK?