Invalidity and revocation of trademarks in Italy: new procedure from 29 December 2022Applications can be presented directly to the Italian Patent and Trademark Office, harmonizing the regulation with the rest of the European Union 13 December 2022
The decree of the Ministry of Economic Development has been published, containing the regulation which makes changes to the decree implementing the Italian Industrial Property Code, for the purposes of regulating the procedure for invalidity and revocation of trademarks in Italy.
With a view to harmonizing European regulations on trademarks, finally the procedures for requesting the invalidity and revocation of a company trademark become administrative in Italy as well. This will mean less expensive, simpler and quicker proceedings than those which have been required until now before the ordinary Courts.
Starting from 29 December 2022 – the date on which the regulation comes into force – those so legitimated will be able to present directly to the Italian Patent and Trademark Office an application for the verification of invalidity and revocation of a valid registered sign, similarly to what already happens for starting oppositions to trademark registration applications.
With the entry into force of the new procedure, we should consider the possibility that the number of proceedings will increase, given the lower costs and the greater ease of proceeding. We therefore invite you to analyze your portfolio of trademarks in order to limit the possible cases.
We are at your disposal to examine the situation of your trademarks and to evaluate the possible consequences and the necessary strategies.