L’utilizzo dei simboli

L’utilizzo dei simboli ®, ™ e ©, ossia marchio registrato / marchio depositato / diritto d’autore

The use of the symbols ®, ™ and © , i.e. registered trademark, registered trademark and copyright , attests to the formal recognition by the various competent Trademark Offices or by the SIAE that certain denominations, acronyms, logos, names, intellectual works etc. have obtained valid registration and valid legal protection, thanks to the issuance of the relevant filing numbers by the various competent Trademark Offices, i.e. the Italian one, the EU one or the international ones or by the SIAE. Consequently, the aforementioned symbols can be graphically associated/graphically inserted with your brands, logos and intellectual works.

Registered ® (registered / granted trademark)

The symbol/acronym ® is graphically associated/combined with the brands and logos that have obtained formal concession/registration by the Italian Patent and Trademark Office (UIBM), by the Community Trademark Office (EUIPO), or by the International Trademark Office (WIPO) based in Geneva.

The graphic use of the symbol is not mandatory, on the other hand it is forbidden to pass off as registered a trademark that is not registered, by improperly affixing the aforementioned graphic symbol.

Currently, the granting of registration by the Italian Patent and Trademark Office takes place after approximately 6 months, therefore, until then you should not use the ® symbol, associating/combining it graphically with your trademarks and logos.

In this way, any third party who finds himself in front of the aforementioned symbols will be warned that he is faced with brands / logos that have achieved valid and exclusive legal protection by the competent Office, therefore, it is illegitimate to reproduce and/or make improper use of the aforementioned trademarks/logos, without the prior authorization of the legitimate exclusive owner, recognized by the competent Trademark Office.

Trademark ™ (registered trademark)

The symbol/acronym ™, i.e. trademark/registered trademark , is graphically associated with those brands and logos that have obtained a valid registration number, thanks to the issuing of the relevant report by the various competent Trademark Offices, i.e. the Italian one, the community or international ones, once all the relevant supporting documentation has been submitted.

From a procedural point of view, we are faced with the opening of a ministerial administrative process, characterized by the formal and substantial examination at the competent Trademark Office department, by the subsequent phase of publication in the trademark bulletin, for the duration of 3 months, during which the symbol ™, i.e. trademark / registered trademark, must always be graphically associated with the brand / logo, until the concession is obtained, i.e. the conclusion of the aforementioned administrative ministerial process.

Copyright © (copyright)

The term copyright corresponds to the Anglophone name referring to copyright, literally translatable as “right to copy”, or “right of reproduction”. The symbol that is graphically associated/used by those who have obtained the copyright or copyright right is ©, with reference to both the name of the author and the year of creation of the work, in order to warn all those who should attempt to implement plagiarism initiatives, who must refrain from doing so, avoiding engaging in illegitimate behavior.

The regulatory source to which reference must be made is Law 22.04.1941 n. 633, which provides for a duration of economic use of intellectual works which runs from its creation until death, with an extension up to the following 70 years from death. For photography works, however, the duration is only 20 years, once this period of time has expired, the work falls into the public domain, therefore anyone will be able to benefit from it.

In Italy, the office responsible for receiving documents and granting legal protection of intellectual works is the SIAE – Italian Society of Authors and Publishers .

Unlike Anglo-Saxon countries, where the use of the aforementioned symbols is very rigorous, in Italy the use of the aforementioned symbols is, more often than not, a source of confusion and, therefore, they are often used improperly, that is, combined, for example , to de facto trademarks, i.e. without having been formally presented to the competent Trademark Office. Furthermore, the tendency to use the symbol ®, i.e. the registered trademark , is quite frequent, combining it graphically with the trademark which has only been registered. In this regard, the Intellectual Property Code, in art. 127, provides for a financial penalty for anyone who affixes untrue words or indications to an object, tending to make people believe that the trademark that distinguishes it has been registered. In the current state of affairs, this sanction is rarely applied, given the real difficulty in carrying out the necessary checks.

In Italy, it is not mandatory to use these symbols, given that protection is ensured by the registration itself. In any case, the use of the aforementioned symbols immediately conveys a certain message to consumers, competitors , etc. Consequently, why deprive yourself of it a priori without making use of it? In addition to having a possible purpose of deterrence towards counterfeiters, the use of the aforementioned symbols communicates the owner’s attention to preserving its image/reputation towards its customers/users, communicating to them the uniqueness of the geographical origin of the products / services rendered and the desire to differentiate / stand out from other operators present in the market segment, avoiding any confusion / association with them. So, why not use/benefit from them?

The Trademark Patent Office remains at your disposal to provide you with a personalized, targeted and preliminary strategy for the registration of your trademark and to optimize the related investment costs .

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Bologna

Via Schiassi, 2 -
40138 Bologna (BO)
Tel. +39 331 2249228
e-mail: info@ufficiobrevettimarchi.it



Civitanova Marche

Via Berni, 7
62012 Civitanova Marche (MC)
Tel. +39 331 2249228
e-mail: info@ufficiobrevettimarchi.it

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