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Amendments to Trademark Laws

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Feb 14, 2019 (Newsletter Issue 2/19)
Italy
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Set to Implement EU Trademark Reform Package


The Italian government’s Council of Ministers of November 20, 2018, approved two legislative decrees concerning intellectual property rights that finalise the implementation into national law of the so-called EU Trademark reform package, of EU provisions on the unitary patent and of the Unified Patent Court Agreement.

Both decrees will come into force after publication in the Italian Official Journal, expected to occur in early 2019.

The first decree concerns the implementation into national law of EU Trademark Directive No. 2015/2436 as well as of the EU Trademark Regulation No. 2015/2424, now consolidated into EU Trademark Regulation No. 2017/1001.

Some important changes will be:
- abolition of the graphic representation requirement for trademarks
- certification trademarks introduced
- absolute grounds for refusal of trademark registration apply in case of conflict with denominations of origin and geographical indications
- opposition procedure of new trademark applications extended in which the opponent’s prior mark enjoys a reputation, or it is a well-known mark
- exclusive right of the trademark holder is extended
- seizure of counterfeit goods in mere transit
- actions before the Italian Patent and Trademark Office for nullity or revocation of trademark registrations as of January 2023.

For more information, please check the article of the law firm Società Italiana Brevetti from Italy.

Source: www.sib.it