The priority search of a trademark is essential to verify its novelty requirement. It is necessary that the trademark is not identical or similar to an earlier trademark in the state or states in which the trademark is intended to be filed and registered. It is an essential preliminary step to filing an application for trademark registration. Failure to identify potential trademarks that are the same or similar to the one you intend to register could result in opposition from third parties to its registration. Having performed the priority search we express a technical legal opinion of registrability of your trademark.

Filing an application for trademark registration with the appropriate National, European Union or International authority is the introductory act in the registration process. The acceptance of the application certifies the registration of the trademark. A registered trademark constitutes by law an exclusive right, that is, the right to prevent third parties from unauthorized use of an identical or similar trademark for goods or services identical or similar to yours. Registering a trademark is an economic advantage for the company to protect and defend its intellectual property. To the registered trademark it is advisable to affix the ® symbol, which by conveying a sense of reliability to consumers gives value to your entrepreneurial image and business. Failure to register the trademark carries the risk that third parties will adopt trademarks similar or identical to yours, with diminished value gained for commercial exploitation and accreditation in the relevant market.

The surveillance service is a very important tool for the protection and defense of trademarks because it allows the early detection of marks identical and/or similar to yours. This service can be limited to Italy, Europe, individual territories or cover the whole world. By activating the surveillance by identifying in good time the filing of a trade mark potentially harmful to the good allows you to oppose its registration. This protection tool is essential to curb and prevent damage to your corporate image and accreditation in the market. Defending the brand and, more generally, the intellectual property of a company is an essential step in the growth of your business.

A trademark opposition procedure is an administrative process that is initiated before the appropriate national, European Union and foreign offices in order for you to refuse the registration of a trademark filed by a third party competitor. It is the action to oppose the registration of a trademark that is similar and/or identical and/or confusingly similar to yours. It is thus a system of defending the right to exclusive use of your trademark. Through opposition you effectively counter imitations or counterfeits of your trademark with undoubted advantages over court litigation. The opposition procedure in preventing the registration of a trademark in conflict with yours, allows you not to resort to more onerous and complex legal actions. With opposition you can prevent parasitic unfair actions to your detriment by competitors. Compliance with the peremptory deadline set for initiating this action is peremptory.

There are many administrative and judicial actions for trademark protection. When opposition is not possible, it is necessary to take the action that best suits the specific case. Invalidity or revocation action as well as infringement and/or unfair competition action are all actions that can be brought to defend your trademark and its accreditation in the market. It is also possible to take precautionary action to obtain urgent intervention by the judicial authority. The protection afforded to the de facto trademark is limited compared to the protection afforded to the registered trademark. It is highly recommended to register the trademark in all export territories. A trademark is a territorial right protected only in those countries, or set of countries, in which you have registered your trademark.