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ItalianoITALY: PROTECTING UNREGISTERED SIGNS IN OPPOSITION PROCEEDINGS
The administrative opposition procedure for national trademark applications (introduced in 2011) provides two grounds for opposition. This article first appeared […]
CLEARING THE FIELD OF WEAK MARKS
With trademark registrations valid for 10 years and many existing marks on the register, it can be challenging to find […]
ITALY: A ZEN APPROACH TO DISTINCTIVENESS
This article first appeared in World Intellectual Property Review, published by Newton Media Ltd. There is an ancient Buddhist saying […]
ITALIAN PROTECTION FOR GEOGRAPHICAL INDICATIONS
Protection for geographical indications and designations of origin is highly effective in Italy, especially when it comes to collective trademarks […]
OVERLAP OF EUROPEAN PATENT AND ANTITRUST LAW IN THE PHARMACEUTICAL INDUSTRY
This article first appeared in Chemical Practice Chronicles, Triannual Newsletter of the AIPLA Chemical Practice Committee’. To view the issue […]
IT’S A FAMILY THING PROTECTING A SERIES OF TRADEMARKS IN ITALY
There are a number of measures that rights holders should take in order to establish evidence of use for a […]
THE BENEFITS OF AN ADJUSTABLE REGIME
According to Italian law, licensing agreements may be revised to meet any of the parties’ special requirements and consequently trademarks […]
GENERAL COURT: OHIM NOT BOUND BY USPTO DECISION
This article first appeared on WTR Daily, part of World Trademark Review, in (October/2015). For further information, please go to www.worldtrademarkreview.com […]
CREATING COEXISTENCE IN ITALY
In Italy, there is still much debate as to the nature, scope and validity of coexistence agreements This article first […]
GENERAL COURT: OHIM BASED ITS APPROACH ON MISINTERPRETATION OF NATIONAL LAW
This article first appeared on WTR Daily, part of World Trademark Review, in (July/2015). For further information, please go to www.worldtrademarkreview.com. In Gambling Commission v Office for […]
OPPORTUNITY AND RISK IN THE ONLINE ENVIRONMENT
Marketing efforts around Expo 2015 in Milan highlight both the opportunities and risks that online activities present This article first […]
LOUIS VUITTON’S CHEQUERBOARD PATTERN HELD TO BE INVALID
This article first appeared on WTR Daily, part of World Trademark Review, in (April/2015) In Louis Vuitton Malletier v Office […]
WHEN THE NON-REGISTERED MARK IS THE PACKAGING
Expo 15, the largest event focused on food and nutrition, is to be held in Milan – making it critical […]
A STRONG STANCE ON PROTECTION
The Italian legal system grants strong protection to publicity and image rights, and exceptions to such rights must be strictly […]
GENERAL COURT: NO UNCONDITIONAL RIGHT TO REGISTER OWN FORENAME AS CTM
This article first appeared on WTR Daily, part of World Trademark Review, in (February/2015). For further information, please go to www.worldtrademarkreview.com […]
COCA-COLA ABOUT TO MAINTAIN MONOPOLY IN THE EU OVER THE “SPENSERIAN” SCRIPT
Published article on International IP Legal Updates – ABA Section of Intellectual Property Law – International Action Group In re T-480/12 […]
ONE WAY OR ANOTHER
Multiple avenues are available to rights holders to protect their brands online This article first appeared in World Trademark Review […]
A NEW ‘TIME TO MARKET’ APPROACH
The fast-fashion model allows products to be launched on the market in less than one month. Italy’s design protection system […]
OHIM HELD TO HAVE ERRED IN FINDING THAT CLASS 5 GOODS HAD SAME PURPOSE
This article first appeared on WTR Daily, part of World Trademark Review, in (November/2014) In Novartis AG v Office for Harmonisation in the Internal Market (OHIM) (Case T-444/12, October 16 2014), the General Court (Fifth Chamber) has ruled on the likelihood of confusion between two marks by considering active […]
CONCEPT OF ‘FAMILY OF MARKS’ MAY BE USED AS LEGAL TOOL TO EXTEND PROTECTION OF MARKS
This article first appeared on WTR Daily, part of World Trademark Review, in (November/2014). For further information, please go to […]
BALANCING THE RIGHTS OF INVENTORS V THIRD PARTIES
This article first appeared in Intellectual Property Focus Europe 2014 published by Managing Intellectual Property Patent law is territorial in […]
SUSTAINABLE ALTERNATIVES TO CIVIL PROTECTION
Italy has two legislative tools which can serve as a useful alternative to civil protection in certain cases: criminal prosecution […]
ECJ: VERBAL ELEMENT OF COMPLEX MARK WILL NOT NECESSARILY BE DOMINANT
This article first appeared on WTR Daily, part of World Trademark Review, in (September/2014). For further information, please go to www.worldtrademarkreview.com […]
THE EUROPEAN RESPONSE TO ‘USE IT OR LOSE IT’?
GENERAL COURT FINDS MINIMUM STANDARDS FOR GENUINE USE OF A TRADEMARK: Published article on LANDSLIDE – A publication of the […]
UNREGISTERED TRADEMARKS SHOULD BE EXPLICITLY MENTIONED IN ASSIGNMENT AGREEMENTS
This article first appeared on WTR Daily, part of World Trademark Review, in (June/2014). For further information, please go to […]
ASSESSING SCOPES OF PROTECTION
Opposition proceedings in Italy are limited in order to exclude protection of extremely well-known trademarks beyond the concept of likelihood […]
ECJ: GENERAL COURT INFRINGED PRINCIPLE THAT PARTIES SHOULD BE HEARD
This article first appeared on WTR Daily, part of World Trademark Review, in (April/2014). For further information, please go to […]
WHEN COMMERCIAL SPEECH BECOMES UNLAWFUL
Considering the differences in the various phases of assessing comparative advertising can provide advertisers with a useful tool to ensure […]
THE MORE LENIENT APPROACH OF THE GENERAL COURT ON GENUINE USE REQUIREMENT UNDER ART 15(1)
This Article appeared on ABA – American Bar Association, in April 2014. For Further information please go to http://www.americanbar.org/aba.html In […]
ONE SWALLOW DOESN’T MAKE A SUMMER
A UIBM Opposition Division decision advocates greater caution in protecting direct consumers of pharmaceutical products. However, future rulings may well […]