TRADEMARK APPLICATION FILING IN
Italy

The Italian Patent and Trademark Office/Ufficio Italiano Brevetti e Marchi (UIBM), operating under the Ministry of Economic Development is the main authority responsible for administering and protecting intellectual property rights in Italy. UIBM plays a key role in supporting innovation and safeguarding brand identity across the country from managing trademark and patent registrations to granting legal protection.

Italy uses a “first-to-file” system for trademark registrations meaning that protection is granted to whoever files first. All applications must comply with the Industrial Property Code of 2005.

The trademark registration before the Italian Patent and Trademark Office (UIBM) can either be filed through the online portal or via offline mode.

Multi-class applications are allowed by the Italian Patent and Trademark Office (UIBM).

The requirements for filing a trademark application are as follows:

• Name, nationality, and address of the applicant;
• Mark representation (logo/device/word, etc.);
• Descriptions of goods and/or services;
• Power of Attorney *;

*POA to be submitted within two months of filing;

• Certified priority document*;

*If priority is being claimed, a Certified Priority Document must be submitted within six months of filing.

The process of registering a trademark in Italy begins with the submission of the application before the Italian Patent and Trademark Office (UIBM). Once the TM application is filed, the applicant receives the allotment number. Furthermore, it undergoes a formal examination to ensure it meets all the required standards. Following this, the application is subjected to a substantive examination based on absolute grounds for refusal, where examiners assess the trademark's eligibility for registration. If any issues or discrepancies are identified during the evaluation, the UIBM will notify the applicant and provide a specified time to reply to the issued office action/examination report. If no issues are found, or once corrections are made, the application moves forward, and the trademark is then published in the electronic TM bulletin, initiating a three-month opposition period. During this time, third parties have the opportunity to raise objection/opposition to the application.

If no opposition is filed within said timeline, or if opposition is resolved in favour of the applicant, the trademark is officially registered, and a registration certificate is issued.

The opposition proceedings begins when an opponent files a notice of opposition. Both parties will have a two-month time period to explore the possibility of an amicable settlement. If a resolution cannot be reached, the applicant is required to submit the counter-reply. Thereafter, the applicant may request the use of evidence from the opponent. The opponent is required to comply with it within sixty days. Based upon the submissions, the decision will be pronounced within 24 months of the filing of the opposition.

A trademark registration in Italy is valid for a period of ten years. The trademark must be renewed before the end of twelve months of the current term to maintain protection for an additional ten years.

However, if the renewal is not submitted on time, it can still be processed within six months after the expiration date with the requisite penalty.

A registered trademark must be actively used within five years of its registration. If the trademark is not used continuously during this period, it may be subject to cancellation following a request from a third party.

Typically, the trademark registration process in Italy takes six to nine months in straightforward cases.

As of WIPO’s 2023 data, Italy ranks 13th worldwide in trademark filings, showing a steady 1.2% growth over the previous year. Within Europe, Italy holds the 5th position and stands out as the leading country in Southern Europe for trademark activity.

Italy also continues to attract global interest with major economies like China, the United Kingdom, and the United States regularly filing trademark applications in the country. In total, around 534,762 trademarks remained active in Italy in 2023, a clear reflection of its strong and growing role in international brand protection