The short answer
Under the Italian Industrial Property Code (Legislative Decree No. 30 of 10 February 2005), a registration lasts ten years from the filing date and is renewed for periods of ten years. The effects of a renewal start on the day after the previous registration expires. Opposition must be filed within a peremptory period of three months from publication, and a mark not used for five years is liable to lapse. Italy is an EU member, so an EU trade mark also covers it.
Trademark deadlines in Italy at a glance
These rules come from the Italian Industrial Property Code (Codice della proprietà industriale, D.Lgs. 30/2005), Articles 15, 16, 24 and 176, in the Italian text, which we have translated. Renewal timing details and fees come from the implementing rules, so we confirm them with UIBM before we file.
| Question | Answer |
|---|---|
| How long does a trademark last? | Ten years from the date the application was filed, renewable for periods of ten years (Articles 15 and 16). |
| Which date does the term count from? | The filing date of the application. The effects of a renewal start on the day after the previous registration expires (Article 15(2) and (4)). |
| When can I renew? | Renewal is made for ten-year periods for the same earlier mark. If a mark has been transferred for only some goods, each holder renews separately (Article 16). The renewal window and any late period are set by the implementing rules, so we confirm them with UIBM before advising. |
| Is there a grace period? | The Code text we read does not state a grace period. The implementing rules and UIBM practice set the late period, which we confirm before advising. |
| Opposition period | An opposition is filed with UIBM within the peremptory period of three months from publication of the application or registration (or, for international marks, from the first day of the month after publication in the WIPO Gazette). It must be written, reasoned and in Italian, and the fee must be paid on time or it is treated as withdrawn (Article 176). |
| Reply to an office action | UIBM examines the application and the applicant can respond to objections and file observations. A decision can be appealed to the Board of Appeal. |
| Priority claim | Priority under the Paris Convention, six months from the first filing, is recognised. We confirm the claim steps when we file. |
| Non-use | The mark must be put to effective use in Italy within five years from registration, and the use must not be suspended for five consecutive years, unless there is a legitimate reason. Use started or resumed after the five years but before the request prevents lapse, unless it started within three months before the request after the owner learned of it (Article 24). |
| Assignment | A mark can be transferred in whole or in part and licensed, and the transaction is recorded in the register. We confirm the formalities with UIBM. |
Who can register a trademark in Italy
Exclusive rights are conferred by registration (Article 15(1)). The effects of the first registration run from the filing date (Article 15(2)).
Representation. We act as your representative before UIBM. We confirm any local representation rule before filing.
Trademark registration process in Italy
Search
- Search the the Italian Patent and Trademark Office (UIBM) records for identical or similar marks in your classes.
File the application
- File with the the Italian Patent and Trademark Office (UIBM), through your Italian agent.
- Claim priority at filing if you filed abroad recently.
Examination
- The office examines the application and tells you in writing if there is a problem. We reply within the time set in the notice.
Publication and opposition
- An accepted application is published.
- After publication, an opposition can be filed with UIBM within three months, in writing, in Italian and with the fee (Article 176).
Registration
- If there is no opposition, or it fails, the mark is registered and a certificate is issued.
Official fees are set by the the Italian Patent and Trademark Office (UIBM) and change. We confirm the current fee for your classes before we quote, so the figure you see is the one that applies on the day.
Italy trademark validity and renewal
- A registration lasts ten years from the filing date.
- Renew for ten-year periods.
- A renewal covers the same earlier mark and goods.
- Use the mark effectively in Italy to avoid lapse after five years.
Diarise ten years from the filing date and confirm the renewal window with UIBM.
Assignment, licence and changes to a Italian trademark
Renunciation
Recorded
Renunciation takes effect once recorded in the register and is published in the Bulletin (Article 15(5)).
Partial transfer
Separate renewal
Each holder renews separately (Article 16(3)).
Scope
Goods and similar goods
A registration covers the listed goods or services and similar ones (Article 15(3)).
International marks
WIPO
For marks registered with WIPO, the start date and duration of effects stay unchanged (Article 16(4)).
Non-use and cancellation of a Italian trademark
A mark lapses for non-use if it was not effectively used within five years of registration or use was suspended for five consecutive years, without a legitimate reason. Lapse cannot be invoked where use began or resumed in time, or where the owner holds similar marks in force with at least one used for the same goods (Article 24).
Keep dated proof of use in Italy: invoices, packaging, advertising and website pages that show the mark with the goods or services.
How to check a trademark in Italy
Search the UIBM database and the Official Bulletin for the filing, publication, registration and renewal dates.
Sources used
- Italian Industrial Property Code (D.Lgs. 30/2005), Articles 15, 16, 24 and 176 (Italian text, translated by us).
- UIBM for the implementing rules, fees and forms.
Italy trademark FAQ
How long does a trademark last in Italy, and from when?
Ten years from the date the application was filed, renewable for periods of ten years (Articles 15 and 16). It counts from the filing date (Article 15).
When should I renew a Italian trademark, and is there a grace period?
Renewal is made for ten-year periods for the same earlier mark. If a mark has been transferred for only some goods, each holder renews separately (Article 16). The renewal window and any late period are set by the implementing rules, so we confirm them with UIBM before advising.
What is the opposition period in Italy?
An opposition is filed with UIBM within the peremptory period of three months from publication of the application or registration (or, for international marks, from the first day of the month after publication in the WIPO Gazette). It must be written, reasoned and in Italian, and the fee must be paid on time or it is treated as withdrawn (Article 176).
How much does it cost to register a trademark in Italy?
The official fee is set by the the Italian Patent and Trademark Office (UIBM) and changes. We confirm the current fee for your classes and quote the full cost before filing.
Can a foreign company register a trademark in Italy?
Yes. A foreign company can register a mark in Italy, directly with UIBM or through the EU or international systems. We arrange this.
Can I assign a Italian trademark?
A mark can be transferred in whole or in part and licensed, and the transaction is recorded in the register. We confirm the formalities with UIBM.
Can a Italian trademark be cancelled for non-use?
The mark must be put to effective use in Italy within five years from registration, and the use must not be suspended for five consecutive years, unless there is a legitimate reason. Use started or resumed after the five years but before the request prevents lapse, unless it started within three months before the request after the owner learned of it (Article 24).
How can I check the status of a Italian trademark?
Use the the Italian Patent and Trademark Office (UIBM) register and check the publication, registration and renewal dates.
Can I claim priority from my home country?
Priority under the Paris Convention, six months from the first filing, is recognised. We confirm the claim steps when we file.
How do I change the owner's name or address?
Record the change with the the Italian Patent and Trademark Office (UIBM) so notices and renewal reminders reach the right address. Ask us for the current form.
Protect your brand in Italy
SUPREMEiP® files trademarks worldwide through its network and checks every Italian deadline against the law. Send us your mark and we will tell you the route, the deadlines and the cost.
