Cost of Trademarking a Name in Italy
Contrary to popular belief, registering a trademark in Italy is not expensive. I was working with a client, let’s call her Sofia, last summer. Sofia’s marriage had many rough patches, and she wanted to leave. At the same time, she started a new company, the name of which she wanted to trademark.
Her plan was to act depressed for a while, waiting for her husband to serve her with divorce papers first. After asking a series of questions, I discovered that she thought that the cost of trademarking a name in Italy was so high that she would need the alimony from her divorce to offset it.
Further information regarding trademark registration is available here:
Trademark Registration in Italy; Remarkable Benefits
Cost of Trademarking a Name in Italy
The cost of registering trademarks in Italy depends largely on the class or classes in which the trademark is to be registered. The fee for filing a trademark application for a single class of goods and services is €200. For each additional class of goods included in a multi-class trademark application, you will pay €34. This fee must be paid before you submit your documents.
How Long Does the Process of Trademarking a Name Take?
Assuming there are no delays due to opposition to the trademark application and late payment of filing fees, the trademark application and registration process in Italy spans 12 to 18 months.
Restrictions on Trademarks in Italy & Around the World
Trademarks can be declared invalid if they fall short of certain requirements. As a general rule, a trademark must not be descriptive or violate public policy. Any trademark that flouts this rule is bound to be opposed either during or after its registration. Let’s take a look at the aspects of the rule in detail.
The trademark Must Not be Descriptive.
A descriptive trademark is one that describes the goods or services of the company and gives it a name. For example, if Gianni Marco is a trademark of Gianni-Marco Motor Company, it is not a descriptive trademark because it does not describe the goods or services, but rather the automobile manufacturer.
The Trademark Must Not Violate Public Policy.
A classic example is the case of La Mafia v. EUIPO. In 2006, La Mafia filed an application for the registration of its trademark, “La Mafia se sienta à la mesa,” which means “take a seat at the table.” The mark was successfully registered. But in 2015, the Italian Republic opposed the mark, claiming that the use of the word “mafia” in the mark made casual reference to a criminal organization. Allowing such a mark to be used was unsafe for the food industry and society at large.
Unfortunately for La Mafia, the EUIPO Cancellation Division, the First Board of Appeal and the General Court ruled in favor of the Italian Republic.
Conclusion
The Italian government is trying to make it easier for businesses to trademark their names, but there are some limitations on what can be trademarked. As always, I recommend seeking advice from an attorney before taking any action with respect to trademarking your name in Italy.