Region: Italy

Interpreting the provisions governing the registration of names as trademarks

In a recent decision the Grand Chamber of the Court of Justice of the European Union (CJEU) confirmed that the General Court had correctly interpreted Article 8(3) of the Italian Code of Industrial Property, which requires a party to give consent for his or her name to be registered as a Community trademark. The decision is a reminder that the CJEU examines only the application of procedural rules, and not the merits of a dispute.

28 September 2011

Domain names: reform or revolution?

To date, private parties can register only second-level domains; they can decide which second-level domain they wish to register in association with a top-level domain selected in a pre-determined list approved by the Internet Corporation for Assigned Names and Numbers. All this will change in 2012, when individuals and companies will be admitted to file applications for new generic top-level domains.

10 August 2011

Community trademarks in light of the Max Planck study

A study carried out by the Max Planck Institute for Intellectual Property and Competition Law and recently published by the European Commission may lead to amendments that will affect the Community trademark (CTM) system. Among the wide range of issues reviewed, some of the study's recommendations could lead to major changes in the protection of CTMs.

29 June 2011

An overview of trademark oppositions

For many years Italy has lacked a trademark opposition procedure. Although efforts to introduce such a system have been ongoing for more than five years, implementation finally seems to be close. The forthcoming opposition procedure in Italy will be open immediately to all classes.

13 April 2011

Trademark appeal court approves registration of Greek letter alpha

The European Trademark Court of Appeal (First Chamber) found the Greek letter alpha to be registrable as a trademark for goods in Class 33. The court considered that when faced with a word mark consisting of a Greek letter in an up-to-date font and without any graphic element, the principles applicable to word marks, rather than design marks, should be used.

23 February 2011

Commissioned designs: an oral contract is not worth the paper it is not written on

The European Court of Justice recently issued a preliminary ruling concerning the interpretation of Articles 14(1) and 14(3) of the EU Community Designs Regulation. The court affirmed that Article 14(1) establishes that the right to the Community design vests in the designer, unless it has been assigned by way of contract.

09 February 2011

Advocate general opines on scope of Community trademark court rulings

In a recent preliminary opinion, the advocate general considered that a prohibition originating from a national Community trademark court was effective throughout the entire European Union, as the Community trademark courts are considered to be specific jurisdictions of the European Union.

10 November 2010

ECJ rejects Calvin Klein opposition action

The European Court of Justice has issued its ruling in <i>Calvin Klein Trademark Trust v Office for Harmonisation in the Internal Market</i>. The court held that where no similarity exists, the reputation of or goodwill attached to the earlier marks is insufficient to affirm a likelihood of confusion.

29 September 2010

Impact of EU enlargement on trademark protection

The accession of certain West Balkan states to the European Union is expected to take place within the next few years. The enlargement of the European Union will raise problems in connection with Community trademarks - such registrations will automatically become effective in the new member states, but conflicts with existing marks may occur.

23 June 2010

Italian opposition proceedings: from utopia to reality

Regulation 33/2010 has come into force, providing implementing regulations for opposition proceedings as set forth in the Code of Industrial Property. However, in practice, the procedure cannot yet be used and is unlikely to be available during 2010 for a variety of reasons.

19 May 2010

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