PROFESSIONAL SEARCH REPORT

The PROFESSIONAL SEARCH REPORT is a legal service aimed to crucially limit the risk that your application will be challenged by third party oppositions and to prevent you being sued in Court for trademark infringement.

Our Report is prepared after conducting a trademark search of all the Italian, Community and International trademarks in force in Italy. We will analyze search results and we will send you a written opinion with a trademark registration availability index. The service is also comprehensive of a goods/services classification analysis according to the Nice classification aimed to provide your trademark registration with the broadest legal protection.

Actually, the owner of a registered identical/similar trademark is entitled to oppose your trademark registration and to commence civil legal proceedings in Court against a party which infringes its registered trademark if there is  a “likelihood of confusion“. That is is a juridical term which apply when a trademark is identical or confusingly similar to a trademark owned by another party, in relation to products or services which are identical or similar to the products or services which the registration covers.

The marks do not have to be identical and the goods/services do not have to be the same. It may be enough that the marks are similar and the goods/services are related. 

In order to understand the likelihood of confusion between the trademarks it is necessary to be aware of the Italian Code of Industrial property and relevant Italian Court decisions.

Moreover, it is important to consider that the Italian Patent and Trademark Office (UIBM) do not perform any trademark search and do not refund fees for trademarks rejected upon opposition filed by a third party. ‘Opposition’ is a procedure that takes place before UIBM when a third party requests the Office to reject an Italian trade mark application invoking a previous trademark right. Not only the Italian trademarks can oppose the registration, also the Community trademarks (OHIM) and the International trademarks designating Italy (WIPO)  are valid rights to oppose the Italian trademark registration.

Our TRADEMARK SEARCH REPORT is comprehensive of the following services:

1.            Trademark comprehensive search for identical/similar trademarks in force in Italy (UIBM – OHIM – WIPO).

2.            Written Legal advice on trademark search results according to the Italian Law and civil Courts decision.

3.            Availability opinion on TM registration pursuant to art. 13 and 14 of the Italian Law.

4.            Goods/Services classification analysis according to the Nice classification.

5.            More information about the availability opinion by Phone and\or e-mail.

Apply now for a professional search report