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San Marino (SM)

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Apr 24, 2019
IP Office Will Not Accept Division or Merger Requests of Intl. Registration
San Marino has notified WIPO in accordance with new Rules 27bis(6) and 27ter(2)(b) of the Common Regulations, which entered into force on February 1, 2019.

Accordingly, new Rules 27bis(1) and 27ter(2)(a) of the Common Regulations do not apply. As a result, the IP Office will not present WIPO requests for the division of an international registration under new Rule 27bis(1) nor requests for the merger of international registrations resulting from division under new Rule 27ter(2)(a).

For further information, please refer to here


Source: www.wipo.int

Nov 30, 2018 (Newsletter Issue 20/18)
Accession to Hague Agreement on International Registration of Industrial Designs
On October 26, 2018, the Government of San Marino deposited with WIPO its instrument of accession to the Geneva (1999) Act of the Hague Agreement Concerning the International Registration of Industrial Designs.

The following declarations have been communicated:
– international applications may not be filed through the national Office;
– the maximum duration of protection provided for by the legislation of San Marino in respect of industrial designs is 25 years.

The Act and the declarations made will enter into force with respect to San Marino on January 26, 2019.

For further information, please check here


Legal basis is the Law No. 79 of 25 May 2005 (Industrial Property Sole Act), in force since 9 June 2005 and slightly amended by Law No. 114 of 20 July 2005 and further by Law no. 189 of 20 December 2015.
An Italian trade mark enjoys protection in San Marino (and vice versa), by virtue of a treaty between the two states with the exclusion of the rights obtained in San Marino through the procedures envisaged in international agreements or conventions. Accordingly the trademarks rights obtained through an International Registration under Madrid Agreement and Madrid Protocol designating Italy are not protected in San Marino and vice versa.
San Marino is a member of the Madrid Agreement and the Madrid Protocol, but not of the European Union.
Trade mark protection is obtained by registration.
Earlier use of a non registered sign (so-called “marchio di fatto”) that has acquired a certain reputation beyond a purely local level precludes the later registration of the same or similar sign.
On the other hand, a sign used solely locally and enjoying at the most a purely local reputation can continue to be used within the local area, but shall not bar a later registration by another owner.
Nice classification, 11th edtion
Registrable as a trade mark are all distinctive and graphically representable signs, such as words, personal names, three-dimensional form of a good or its packaging as well as sound marks, letters, numerals, colour combination of shades and any combination of the mentioned signs.
The portrait of a person, names of renowned individuals, renowned signs or logos used in public (art, sport, political) or denominations of non profit-associations are registered only by their owners or legitimate users.
The following trade mark types are registrable: trade marks, service marks, collective marks.
The application is filed at the Patent and Trademark Office (USBM). Multiple-class applications are possible. An application can include goods in any number of classes, but with additional charges for each additional class from the fourth.

Foreign applicants need a local agent. A non-legalised power of attorney is sufficient.
Foreign applicants do not need a domestic registration but are entitled to registration in San Marino based on reciprocity.
The application process includes a formal examination, an examination on absolute grounds but no search for prior trade marks.

Signs not deemed distinctive in the examination can be registered if distinctiveness has been acquired by use.

Trade mark applications accepted by the Registrar are published in the official gazette; prior to registration. The approximate time frame for completing the registration process of a trade mark in San Marino is from 12 to 18 months.
National:
Opposition proceedings before the Patent and Trademark Office are provided for by the law but are not yet operational and will be possible only in the future, once the relevant rules are issued by the Director of the Office. In the future, oppositions may be filed within 3 months from the publication of the application.

Details regarding the Opposition Period against designation of IR Mark are available in our publication on this topic here
Protection begins with the date of application. A trade mark registration is valid for 10 years from the anniversary date of the first filing of the application. The registration is renewable for periods of 10 years.
Practical details on grace periods for trademark renewals are available in our publication here
Practical details on trademark use requirements are available in our publication here
The official application fee is Euro 200 for an application in up to 3 classes and Euro 50 for each additional class from the fourth. There are no publication nor registration fees.


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Practical details on trademark licensing are available in our publication here.
Country Index is a free service of SMD Group. We thank the following law firms for their assistance in updating the information provided.

Jul 30, 2019
Jacobacci & Partners S.p.A., Torino, Italy

Mrz 02, 2017
Berma S.R.L., Dogana, San Marino

Nov 13, 2014
Praxi Intellectual Property S.p.A., Rome, Italy  

Jun 28, 2013
Praxi Intellectual Property S.p.A., Rome, Italy  

Jan 09, 2012
Società Italiana Brevetti S.p.A., Firenze, Italy



Ufficio di Stato Brevetti e Marchi (USBM)
Via 28 Luglio N°. 212
47893 Borgo Maggiore
Rep. San Marino
Tel +378 0549 882 982
Fax +378 0549 883 856
Mail info.brevettiemarchi@pa.sm
www.usbm.sm

World Intellectual Property Organization (WIPO)
34, Chemin des Colombettes
1211 Geneva 20
Switzerland
Tel +41 22 33 89 11 1
Fax +41 22 73 35 42 8
www.wipo.int