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The decree of the Director General for the Protection of Industrial Property - Italian Patent and Trademark Office, which establishes the procedures for registration in the special register of historical trademarks of national interest, was published on 7 April 2020 in the Official Gazette.
Entry may be requested by the trademark owner (or its exclusive licensee) as from 16 April 2020 by applying to the Italian Patent and Trademark Office exclusively by telematic means.
The conditions to obtain registration in the Register are i) to be the owner or exclusive licensee of a trademark registered for at least 50 years and continuously renewed over time or, in the case of non-registered trademarks, the effective and continuous use of the same for at least 50 years; ii) that the trademark is used for the marketing of products or services made by a national production company of excellence historically linked to the national territory.
The Office will verify these conditions within a maximum time limit of 60 days in the case of a registered trademark and within 180 days in the case of a non-registered trademark.
The registration gives the right to use the "Historical trademark of national interest" logo for commercial and promotional purposes according to the procedures defined in the Decree of 10 January 2020 of the Ministry of Economic Development. While the status of historical trademark on the one hand allows access to ad hoc allocations for SMEs aimed at enhancing the value of historical trademarks, on the other hand it provides for the fulfilment of certain information obligations towards MiSE in the event of closure of the original or main production site due to cessation of the activity carried out or relocation of the same abroad, with a consequent collective reduction in employment.
Registration has an unlimited duration and is not subject to renewal.
Nctm is available to assist companies owning or exclusive licensees of historical trademarks to evaluate the opportunities deriving from the registration in the register and represent them in the relevant procedure. For further information, please contact Paolo Lazzarino.
