Italian trademark opposition procedure

The service provides the opportunity to be defended in opposition proceedings before the UIBM (Italian Patent and Trademark Office).

Assistance in Italian trademark opposition proceedings is one the services in the practice area Trademarks Registration. When the owner of an Italian trademark is challenged by the Trademark Office or opposed to registration by prior trademark owners, we assist him/her in defending his/her trademark. We also assist those who wish to oppose the registration of another’s Italian trademark that is the same as or confusingly similar to their own.

WHO REQUIRES THE SERVICE

The service of assistance in Italian trademark opposition proceedings is requested by: 

  1. who has received a challenge/opposition to the application for registration of an Italian trademark; 
  2. the owners of a trademark in the Italian territory who wish to oppose the registration of another’s Italian trademark, which is identical or confusingly similar to their own trademark; 
  3. the owners of a trademark in the territory of the European Union who wish to oppose the registration of another Italian trademark, equal to or confusable with their own trademark; 

In order to file an opposition, you must be the owner of a valid trademark in the Italian territory or in the territory of the European Union. 

It is important to act quickly and within the time limits prescribed by the UIBM (Italian Patent and Trademark Office).

SERVICE FEATURES

Our EU trademark opposition service includes:

  • An initial meeting – by appointment in the office or by telematic means – aimed at gathering information and the pertinent documentation;
  • Searches and investigations into the involved trademarks;
  • Legal advice from the Firm’s professionals;
  • The management of the entire opposition procedure before the UIBM. 

The pleadings and replies in the opposition proceedings are necessary to thoroughly argue the existence or absence of likelihood of confusion and most importantly the proofs regarding the use of the mark and its novelty.

The Firm’s lawyers also provide assistance to Clients in any negotiations aimed at reaching a coexistence agreement (establishing, for instance, a limitation of the products’ list).

ADVANTAGES

The Canella Camaiora Law Firm is highly qualified in the management and protection of industrial and intellectual property rights. Moreover, the Firm is also highly qualified in specialised litigation in the area of industrial law.

Our extensive experience allows us to assist our clients in an accurate and prudent manner – also with regard to the financial aspects and the actual opportunity of each proceeding.

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