Region: Italy

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

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

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

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

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

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

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

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

The Office for Harmonisation in the Internal Market Board of Appeal has upheld a claim by Gucci regarding its G logos and has revoked a Community trademark registration for the device mark G GLITZY. This case is significant because the board recognised the existence of an earlier right according to the national law of only one EU member state.

10 March 2010

The Tribunal of Turin has held that the import of products from another EU member state is not sufficient to exhaust trademark rights. It found that Young Importers had unlawfully sold decoded products without knowing the exact origin of those products, thus committing trademark infringement as it could not prove that the rights were exhausted.

17 February 2010