Thursday, September 9/2021
Development of 1 June 2021, n.119, which amends the regulation implementing the Industrial Property Code (Legislative Decree 10 February 2005, n. 30), enters into force on September 9, 2021, adapting it to the Harmonization Directive (EU) 2015/2436 on the approximation of the laws of the Member States relating to trademarks and to Regulation (EU) 2015/2424 of the European Parliament and of the Council, which in turn amended the EU trademark regulation.
Amid corrective measures and adjustments to the specifications of goods claims, the regulation also introduces significant innovation, expressly regulating with art. 11-bis the methods of filing atypical trademarks, such as position marks, pattern marks, color marks, sound marks, motion marks, multimedia marks and holographic marks.
The requirement of graphic representation of the trademark is also abolished, the discipline of certification marks is introduced as well as some changes to the procedures for submitting actions for invalidity, forfeiture, nullity and appeals.
As regards the procedures for opposition to the registration of trademarks, the implementing regulation modifies the term from which to calculate the five-year period of effective use of the trademark on which the opposition is based, specifying the effective date from the date of filing of the opposed trademark application.
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