Tuesday, 23 March 2010

Trade mark oppositions in Italy

A newsletter from my friend Avv. Luca Giove tells me that Italy has put in place new legislation to permit opposition proceedings to be brought. Until now, the only course available to a trade mark owner was to apply to nullify the trade mark after registration.
Nullity actions in the Italian courts will still be the only way to deal with conflicts with unregistered trade marks and dilution or unfair advantage. Oppposition proceedings will, where they are available, be much quicker than nullity proceedings - a mximum of 24 months after the application is filed. (Does that mean the application for registration, or the application that kicksoff the opposition proceedings?)
The problem is that until the terms and the  manner of payment of the opposition fee are set out by Decree, you can't actually file an opposition. But at least it's a step in the right direction.

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