This document provides an overview of trademark oppositions in Italy, including statistics on trademark applications and oppositions. It outlines the Italian opposition proceedings, including the grounds for opposition, time limits, parties who can initiate an opposition, fees, and the opposition procedure. Key differences between the Italian opposition system and the EU-wide Community Trademark system are also highlighted. The document concludes with recommendations for businesses to monitor trademarks and consider opposition
Guidelines for functioning under the madrid protocol in indiaIntepat IP
Under the Madrid Protocol, a mark can be protected in many jurisdictions by filing an application for international registration. Such application is presented to the International Bureau of the World Intellectual Property Organization at Geneva, through the office of origin i.e. the trademark office of the applicant.
Get your international trademark registrations under Madrid protocol. Get the expert advice from Intepat Now!
Madrid – The International Trademark System - WIPO| International Trademark WIPO Registration Guidelines under Madrid Protocol Published By CGPDTM of Indian Patent and Trademark Office, India
Disclaimer:
This post is no way related to Indian Patent office (IPO) or any of its subsidiaries. All the posts/comments are only for general information or use and it should not be relied on as official notice. Every care has been taken to ensure the accuracy of information furnished in this post, authors do not accept any responsibility or liability for any damage or loss arising from the direct or indirect use of the contents provided on this post. We can be reached at info [at] techcorplegal [dot] com
We are the leading corporate service provider in Coimbatore namely "Solubilis Corporate Services" . We offering services at affordable cost within specified time period.
Guidelines for functioning under the madrid protocol in indiaIntepat IP
Under the Madrid Protocol, a mark can be protected in many jurisdictions by filing an application for international registration. Such application is presented to the International Bureau of the World Intellectual Property Organization at Geneva, through the office of origin i.e. the trademark office of the applicant.
Get your international trademark registrations under Madrid protocol. Get the expert advice from Intepat Now!
Madrid – The International Trademark System - WIPO| International Trademark WIPO Registration Guidelines under Madrid Protocol Published By CGPDTM of Indian Patent and Trademark Office, India
Disclaimer:
This post is no way related to Indian Patent office (IPO) or any of its subsidiaries. All the posts/comments are only for general information or use and it should not be relied on as official notice. Every care has been taken to ensure the accuracy of information furnished in this post, authors do not accept any responsibility or liability for any damage or loss arising from the direct or indirect use of the contents provided on this post. We can be reached at info [at] techcorplegal [dot] com
We are the leading corporate service provider in Coimbatore namely "Solubilis Corporate Services" . We offering services at affordable cost within specified time period.
If you believe that a trademark application in Vietnam is likely to conflict with or adversely affect your prior rights, or that it does not meet the criteria for protection, you may submit your opinions on the grant of an exclusive right to such a trademark application to the Intellectual Property Office of Vietnam (IP VIETNAM) after it has been published in the industrial property gazette of Vietnam. The Vietnam IP Law 2022 gives third parties two options for voicing their opinions on pending trademark applications in Vietnam: (i) third party observation and/or (ii) opposition.
Critical Changes To Vietnam's Patents, Trademarks, And Industrial Designs Und...KENFOX IP & Law Office
A new circular from the Ministry of Science and Technology, Circular No. 16/2016/TT-BKHCN ("Circular 16"), which became effective on January 15, 2018, modifies and supplements several articles of Circular No. 01/2007/TT-BKHCN, detailing and guiding the implementation of the Law on Intellectual Property regarding industrial property. The following is a summary of significant modifications to Vietnam's patent, industrial design, and trademark procedures made pursuant to Circular 16 in order to provide you with a better insight thereof.
Vietnam's 2022 amended IP Law - What do new trademark provisions mean for you...KENFOX IP & Law Office
Intellectual property is regarded as a company's most important and valuable asset. In particular, it cannot be denied that a trademark is the industrial property object with the highest commercial exploitation value. Numerous amendments and additions have been made to Vietnam's 2022 Intellectual Property Law in order to improve the effectiveness of the intellectual property protection mechanism and fulfill Vietnam's legal obligations under International intellectual property agreements to which Vietnam is a signatory, including CPTPP, EVFTA, and RCEP... These amendments and supplements are akin to a complete overhaul of Vietnam's intellectual property law, helping to address legal loopholes that have persisted for many years since the 2005 IP law was promulgated and amended in 2009 and 2019. The following article gives an analysis and evaluation of the revised trademark regulations in the 2022 IP Law, assisting you in comprehending the applicable legislation to determine the appropriate actions, and the impact on your brand protection strategy in Vietnam.
Ceramic industry Intellectual Property Right (IPR) guide for doing business in China. Tailored to the needs of European SMEs, this business guide covers aspects of IPR most relevant to your business and how to protect them.
Since intellectual property rights (IPRs) constitute a civil right, civil enforcement plays a critical role in
IPR enforcement. However, our analysis of statistics on IPR infringement and enforcement in reports
from enforcement agencies reveals that the vast majority of IPR infringement cases in Vietnam have
been resolved under administrative route over the past time. While thousands of IP infringement
cases are handled administratively each year, only a few cases are tried by courts. The administrative
mechanism is said to be more expeditious, compact, simple, and economical in handling IPR
infringements than the lengthy trial, complicated, and costly procedures of the civil mechanism. The
above dispute-resolution situation in Vietnam results in a fact that civil relations and civil disputes are
largely resolved under administrative proceedings, resulting in inadequate protection of IPRs and,
more seriously, many violations continuing to reoccur through larger scale and more sophisticated
tricks.
How to Successfully Argue Wide Use Evidence in Trademark Opposition and Cance...KENFOX IP & Law Office
Trademark opposition and cancellation serve as crucial legal remedies for legitimate trademark owners to safeguard their intellectual property rights. In Vietnam, genuine trademark owners are entitled to employ their prior evidence of wide use to file a Notice of Opposition or a cancellation action against a trademark squatter. As such, it is critical to understand how National Office of Intellectual Property of Vietnam (IP VIETNAM) evaluates the evidence of prior use and the extent to which a mark must be used to succeed in an opposition or cancellation based on unregistered rights.
Patents are a type of techno-legal document that describes novel, unique, and industrially applicable inventions. A request for the issuance of a patent for an invention created and detailed in the patent specification is known as a patent application.
a) Novelty: Before submitting the patent application in India, the subject matter specified in the specification was not published in India or anywhere else.
b) Inventive Step: A person who is experienced in the art would not recognize the invention in light of the earlier publication, knowledge, or document.
c) Industrial Applicability: In order to be produced or used in the industry, an invention must have some sort of utility.
DOCUMENTS REQUIRED FOR PATENT REGISTRATION:
1. (Form 1) Application form for the grant of patent in India.
2. (Form 2) If a provisional specification is submitted, it must be followed within a year by a complete specification. Provisional or complete specification of patent in duplicate.
3. (Form 3) Information and undertaking listing each foreign patent application's number, filing date, and current status in duplicate.
4. Priority document (if the priority date is claimed) in convention application, when directed by the Controller
5. (Form 5) When a complete specification follows a provisional specification, or in the event of a convention or PCT national phase application, an inventor declares their invention
ADVANTAGES OF REGISTERING A PATENT
1. A patent serves as a means of supporting innovations and inventions. The invention or concept belongs to the applicant after they receive the patent.
2. A business must register for a patent because a patent prevents competitors from stealing, selling, or importing the intellectual property without authorization.
3. In support of the current legislation, the patent holder can thereby defend his patent rights.
a) Like other types of property, patents can be bought, sold, or licensed.
b) Ownership of the patent may also be transferred by the inventor.
c) A patented product enhances brand recognition and can allow the company to charge more.
d) With exclusive patent rights, the inventor has long-term control over how the innovation is used.
e) Under the International Patent Protection Scheme, the government would cover up to Rs. 15 lakhs (or 50% of the total cost) of an MSME's international patent filing.
TRADEMARK: 1. A trademark is a symbol that can be used to separate the products or services of one company from those of other companies. Intellectual property rights provide protection for trademarks.
2. A trademark registration grants the owner of the trademark the sole right to use it. This suggests that the trademark may be used solely by its owner or may be licensed to a third party for use in exchange for payment.
COPYRIGHT: 1. The legal term "copyright" (sometimes known as "author's right") is used to refer to the ownership rights that authors and other artists have over their creative works.
The post shows definition of trademark and patent; the important of trademark and patent and how business register trademark and patent are also discussed on the post.
The post includes:
What is trademark?
Benefits of registering
Requirements for filling a trademark application
The application process
Patent registration
Contact information:
Email: aceglobalacct@gmail.com
Whatsapp: (+65) 9061 2851
Website: http://aceglobalaccountant.com/trademark-and-patent-registration/
An overview of the available remedies against infringements in Italy: civil, ...Dario Paschetta
At the "IP in Fashion" conference organized by Metroconsult s.r.l. and Gorodissky & Partners I made a short presentation where I outlined the available remedies against infringements of IP rights in Italy demonstrating that Italian legal system provides IPRs owners with effective tools provided that they are activated by means of a synergistic problem‐solving approach involing remedies under civil law, criminal law and new custom powers
Patent, Trademark, Industrial Design in Vietnam, Cambodia, Laos, Myanmar Nguyen Hoa Binh (Bill)
Patent, Trademark, Industrial Design Vietnam, Cambodia, Laos, Myanmar
by Nguyen Hoa Binh
Partner, Patent Attorney
DAITIN & ASSOCIATES CO., LTD.
(IP Agent in Vietnam, Laos, Cambodia and Myanmar)
Ho Chi Minh City & Hanoi
No. 19 Hoang Dieu Str., District 4, Ho Chi Minh City, Vietnam
Postcode: 700000; Tel: +84-4-6270 0022; Fax: +84-4-6270 0020
Email: binh@daitin.com.vn; info@daitin.com.vn
Website: www.daitin.com.vn
A member of: INTA & APAA
If you believe that a trademark application in Vietnam is likely to conflict with or adversely affect your prior rights, or that it does not meet the criteria for protection, you may submit your opinions on the grant of an exclusive right to such a trademark application to the Intellectual Property Office of Vietnam (IP VIETNAM) after it has been published in the industrial property gazette of Vietnam. The Vietnam IP Law 2022 gives third parties two options for voicing their opinions on pending trademark applications in Vietnam: (i) third party observation and/or (ii) opposition.
Critical Changes To Vietnam's Patents, Trademarks, And Industrial Designs Und...KENFOX IP & Law Office
A new circular from the Ministry of Science and Technology, Circular No. 16/2016/TT-BKHCN ("Circular 16"), which became effective on January 15, 2018, modifies and supplements several articles of Circular No. 01/2007/TT-BKHCN, detailing and guiding the implementation of the Law on Intellectual Property regarding industrial property. The following is a summary of significant modifications to Vietnam's patent, industrial design, and trademark procedures made pursuant to Circular 16 in order to provide you with a better insight thereof.
Vietnam's 2022 amended IP Law - What do new trademark provisions mean for you...KENFOX IP & Law Office
Intellectual property is regarded as a company's most important and valuable asset. In particular, it cannot be denied that a trademark is the industrial property object with the highest commercial exploitation value. Numerous amendments and additions have been made to Vietnam's 2022 Intellectual Property Law in order to improve the effectiveness of the intellectual property protection mechanism and fulfill Vietnam's legal obligations under International intellectual property agreements to which Vietnam is a signatory, including CPTPP, EVFTA, and RCEP... These amendments and supplements are akin to a complete overhaul of Vietnam's intellectual property law, helping to address legal loopholes that have persisted for many years since the 2005 IP law was promulgated and amended in 2009 and 2019. The following article gives an analysis and evaluation of the revised trademark regulations in the 2022 IP Law, assisting you in comprehending the applicable legislation to determine the appropriate actions, and the impact on your brand protection strategy in Vietnam.
Ceramic industry Intellectual Property Right (IPR) guide for doing business in China. Tailored to the needs of European SMEs, this business guide covers aspects of IPR most relevant to your business and how to protect them.
Since intellectual property rights (IPRs) constitute a civil right, civil enforcement plays a critical role in
IPR enforcement. However, our analysis of statistics on IPR infringement and enforcement in reports
from enforcement agencies reveals that the vast majority of IPR infringement cases in Vietnam have
been resolved under administrative route over the past time. While thousands of IP infringement
cases are handled administratively each year, only a few cases are tried by courts. The administrative
mechanism is said to be more expeditious, compact, simple, and economical in handling IPR
infringements than the lengthy trial, complicated, and costly procedures of the civil mechanism. The
above dispute-resolution situation in Vietnam results in a fact that civil relations and civil disputes are
largely resolved under administrative proceedings, resulting in inadequate protection of IPRs and,
more seriously, many violations continuing to reoccur through larger scale and more sophisticated
tricks.
How to Successfully Argue Wide Use Evidence in Trademark Opposition and Cance...KENFOX IP & Law Office
Trademark opposition and cancellation serve as crucial legal remedies for legitimate trademark owners to safeguard their intellectual property rights. In Vietnam, genuine trademark owners are entitled to employ their prior evidence of wide use to file a Notice of Opposition or a cancellation action against a trademark squatter. As such, it is critical to understand how National Office of Intellectual Property of Vietnam (IP VIETNAM) evaluates the evidence of prior use and the extent to which a mark must be used to succeed in an opposition or cancellation based on unregistered rights.
Patents are a type of techno-legal document that describes novel, unique, and industrially applicable inventions. A request for the issuance of a patent for an invention created and detailed in the patent specification is known as a patent application.
a) Novelty: Before submitting the patent application in India, the subject matter specified in the specification was not published in India or anywhere else.
b) Inventive Step: A person who is experienced in the art would not recognize the invention in light of the earlier publication, knowledge, or document.
c) Industrial Applicability: In order to be produced or used in the industry, an invention must have some sort of utility.
DOCUMENTS REQUIRED FOR PATENT REGISTRATION:
1. (Form 1) Application form for the grant of patent in India.
2. (Form 2) If a provisional specification is submitted, it must be followed within a year by a complete specification. Provisional or complete specification of patent in duplicate.
3. (Form 3) Information and undertaking listing each foreign patent application's number, filing date, and current status in duplicate.
4. Priority document (if the priority date is claimed) in convention application, when directed by the Controller
5. (Form 5) When a complete specification follows a provisional specification, or in the event of a convention or PCT national phase application, an inventor declares their invention
ADVANTAGES OF REGISTERING A PATENT
1. A patent serves as a means of supporting innovations and inventions. The invention or concept belongs to the applicant after they receive the patent.
2. A business must register for a patent because a patent prevents competitors from stealing, selling, or importing the intellectual property without authorization.
3. In support of the current legislation, the patent holder can thereby defend his patent rights.
a) Like other types of property, patents can be bought, sold, or licensed.
b) Ownership of the patent may also be transferred by the inventor.
c) A patented product enhances brand recognition and can allow the company to charge more.
d) With exclusive patent rights, the inventor has long-term control over how the innovation is used.
e) Under the International Patent Protection Scheme, the government would cover up to Rs. 15 lakhs (or 50% of the total cost) of an MSME's international patent filing.
TRADEMARK: 1. A trademark is a symbol that can be used to separate the products or services of one company from those of other companies. Intellectual property rights provide protection for trademarks.
2. A trademark registration grants the owner of the trademark the sole right to use it. This suggests that the trademark may be used solely by its owner or may be licensed to a third party for use in exchange for payment.
COPYRIGHT: 1. The legal term "copyright" (sometimes known as "author's right") is used to refer to the ownership rights that authors and other artists have over their creative works.
The post shows definition of trademark and patent; the important of trademark and patent and how business register trademark and patent are also discussed on the post.
The post includes:
What is trademark?
Benefits of registering
Requirements for filling a trademark application
The application process
Patent registration
Contact information:
Email: aceglobalacct@gmail.com
Whatsapp: (+65) 9061 2851
Website: http://aceglobalaccountant.com/trademark-and-patent-registration/
An overview of the available remedies against infringements in Italy: civil, ...Dario Paschetta
At the "IP in Fashion" conference organized by Metroconsult s.r.l. and Gorodissky & Partners I made a short presentation where I outlined the available remedies against infringements of IP rights in Italy demonstrating that Italian legal system provides IPRs owners with effective tools provided that they are activated by means of a synergistic problem‐solving approach involing remedies under civil law, criminal law and new custom powers
Patent, Trademark, Industrial Design in Vietnam, Cambodia, Laos, Myanmar Nguyen Hoa Binh (Bill)
Patent, Trademark, Industrial Design Vietnam, Cambodia, Laos, Myanmar
by Nguyen Hoa Binh
Partner, Patent Attorney
DAITIN & ASSOCIATES CO., LTD.
(IP Agent in Vietnam, Laos, Cambodia and Myanmar)
Ho Chi Minh City & Hanoi
No. 19 Hoang Dieu Str., District 4, Ho Chi Minh City, Vietnam
Postcode: 700000; Tel: +84-4-6270 0022; Fax: +84-4-6270 0020
Email: binh@daitin.com.vn; info@daitin.com.vn
Website: www.daitin.com.vn
A member of: INTA & APAA
Merkenoppositie in Italië - Inleiding en vergelijking met het CTM systeem
Tm Oppositions In Italy - March2012
1. TRADE MARK OPPOSITIONS IN ITALY
OVERVIEW
(also in comparison with CTM system)
Società Italiana Brevetti (“SIB”)
Roma, Firenze, Milano, Verona – www.sib.it
2. Some rough figures
Number of Italian TM applications published 26.559
as of Bulletin No of 11 July 2011, up till Bulletin No 9 of 8 March 2012
Number of Italian IR designations published 2.507
as of WIPO Gazette No 24 of 7 July 2011, up till WIPO Gazette No 7 of 8 March 2012
Number of published oppositions
till Bulletin No 9 of 8 March 2012 772
i.e. 3%
NB Informal, approximate n° of oppositions lodged on 8 March 2012 including unpublished ones 900
98% TMs (identical or LOC)
Oppositions grounds in % * of which 39% IT TM
*calculated on data of published oppositions 47% CTM
11% IR
2% : Other rights
3. Outline of Italian opposition proceedings
1. Trademarks subject to opposition:
• published Italian trademark applications filed as of 1
May 2011
• Italian designations of International trademarks
published on WIPO’s Gazette as of July 2011:
regardless of the date of their registration (or subsequent
designation)
P.S.: All classes immediately open to opposition
4. Outline of Italian opposition proceedings
2. Time limit:
• 3 months from publication in National Bulletin, or
• 3 months, commencing on the first day of the month
following publication in the WIPO Gazette (as of July
2011) – difference with CTM system!
5. Outline of Italian opposition proceedings
3. Grounds:
(iii) Identical or similar marks covering identical
or similar goods/services
(v) Certain specific names or signs failing prior
consent by the right owner to register them
as trademarks
6. Outline of Italian opposition proceedings
3. Grounds:
(iii) Prior identical or similar marks* covering identical or
similar goods/services: i.e.
- “Double identity”: identical signs and identical g/s; or
- LoC: identical or similar signs and identical or similar
g/s so as to cause a LoC on the part of the public (incl.
LoA)
* Earlier IT, CTM or IR designating Italy (TM registration or application)
7. Outline of Italian opposition proceedings
3. Grounds:
(ii) Certain specific names or signs failing prior consent
by the right owner to register them as trademarks: i.e.
- image rights,
- personal name other than the applicant’s name if its use in
the trademark may harm the reputation of the person entitled
to bear the name,
- well-known personal names,
- well-known signs used in the artistic, literary, scientific,
political or sporting fields,
- well-known denominations or initials or characteristic
emblems of events and of non-profit bodies.
8. Outline of Italian opposition proceedings
3. Grounds:
⇒ NO opposition can be filed on the basis of :
unregistered rights or copyrights (except in the specific cases set
out above under (ii)),
company names,
domain names,
reputation of an earlier mark registered or applied for dissimilar g/s,
It is NOT possible for the owner to oppose against an application
filed by an agent or representative in its own name and without
owner’s consent.
In the absence of a voluntary cancellation, the only means of attacking on the above grounds remains
the filing of a cancellation action before the competent Italian IP court.
The same goes for obtaining the revocation (e.g. extinction of rights through non-use)
9. Outline of Italian opposition proceedings
4. Who may initiate an opposition:
• Owner (even if non recorded)
• Exclusive Licensee (unless license agreement
excludes it) – difference with CTM system!
(evidence to be filed within 2 months ̶ non extendable ̶
from expiry of cooling-off)
10. Outline of Italian opposition proceedings
5. Fees (amount- payment - refund) & apportionment of costs:
• Amount official fees: € 250 (+ € 34 if no general POA or POA
including lodging of oppositions already of record ) + stamp
fees
• Payment: to be paid prior to filing of opposition (failure of
attaching proof of payment leads to withdrawal)
• Refund: if, before the commencement of the adversarial part
of proceedings, the parties reach a settlement and the Office
is informed accordingly: refund official opposition fee
• Costs: in its decision rejecting or upholding the opposition,
the Office may award costs to the winning party of up to a
maximum of € 300 in professional fees and € 250 in official
opposition fees.
11. Outline of Italian opposition proceedings
6. Procedure:
the good and the bad sides
12. Outline of Italian opposition proceedings
6. Procedure: the good sides
• Cooling-off period: expires 2 months from notification of admissibility -
extendable upon joint request by the parties by up to a maximum of 12
months (>< OHIM’s 24 month maximum limit)
• Submission of supporting documents (registration certificates,
translations…): may be filed within 2 months (non extendable) from the expiry
of the cooling-off
• Defence of PoU: applicant may request PoU of any registration if granted ≥
5years - to be submitted within 60 days from notification to do so (on penalty
of the rejection of opposition) – term extendable upon request up to a
maximum of 6 months
• Decision must be issued within 24 months from date of lodging opposition
(without taking into account c-o period or period of suspension such as
opposition based on pending application/mark pending cancellation where
such suspension is requested by its owner)
13. Outline of Italian opposition proceedings
Differences with CTM system
6. Procedure:
the bad sides
• Limited grounds for opposition
• Inexperience of the Italian PTO
14. Recommendations for businesses
• Trademark watch service!
• Increased importance of registration in classes of current
and potential interest
• Exclusive licensees must make sure they have written
consent of licensor to lodge an opposition if their license
agreement does not specifically entitle them to do so.
Conversely, trademark owners that do not want their
exclusive licensees file oppositions, must make sure that
the license contract precludes it.
• Prior right holders intending to lodge an opposition on the
basis of a trademark subject to user requirements should
have sufficient evidence ready to prove genuine use
15. Additional issues
• Observations by third parties (no time limit, up till
registration of the mark)
• Geographical indications
• State Emblems, Official Hallmarks and Emblems of
Intergovernmental Organizations
• Provisional refusals IR: mandatory to appoint a
representative before the Italian PTO within non-
extendable term to obtain copy of the opposition notice
(penalty: final refusal)
16. Concluding remarks
• Welcome addition to the Italian legal system
• Means of exerting pressure, sometimes avoiding
expensive court proceedings
• Ideal and cost-effective resource for monitoring and
keeping (future) competitors at a distance
• Importance of assessment on a case by case basis
whether filing an opposition is the best option.
17. Società Italiana brevetti (“SIB”)
Offices
Rome Milan
E-mail: roma@sib.it E-mail: milano@sib.it
Phone: +39 06.69.54.41 Phone: +39 02.80.63.31
Florence Verona