To obtain an immediate quote for the registration of a trademark we have created a digital and interactive tool.
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Avvocato Arlo Canella
In the following article, I will answer the question “how much does it cost to register a trademark?” and other frequently asked questions from our clients, namely:
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Everybody knows that marking your products and/or services with a new and original trademark is a fundamental step in boosting the growth of your business.
Article 7 of the Industrial Property Code states that: “All signs capable of being represented graphically, in particular words, including names of persons, drawings, letters, figures, sounds, the shape of the product or its packaging, colour combinations or shades, may be the subject of registration as a trademark, provided that they are capable of distinguishing the goods or services of one company from those of other companies”.
Choosing a winning trademark is not as simple as you might think (See article “The 3 rules for choosing a good trademark“). Whether it is a word mark (…a word) or a graphic/ figurative mark (…a design or an icon), it is essential to consider the “trend” currently prevailing in the sector, without failing to design something new and clearly distinctive in the eyes of the public.
The requirements for the validity of the trademark required by law are:
In addition, the trademark must not be in conflict with the law, morality or public order (requirement of lawfulness). Finally, it must not include any elements that could mislead the public as to the geographical origin of the product, its nature and its true qualities… (so-called principle of truth).
When filing a trademark, the very first thing to do is to establish for which goods and services the trademark will be used. This is because the filing procedure will require you to specify for which goods and services you are claiming protection. An experienced intellectual property lawyer will usually also advise his clients on the choice of classes to ensure that they are in line with the business activity.
The choice of classes will also affect the relevant fees and thus also the cost of registering a trademark. A registered sign only grants protection in the classes of goods expressly claimed in the application. It must be specified whether a sign is to be registered to distinguish e.g.
During the filing process, it is essential to balance the desire to obtain protection in multiple classes against the risk of the trademark interfering with the owners of earlier trademarks in these classes. The identification of classes is also necessary to carry out an effective investigation into the novelty of the trademark. This is another reason why it is advisable to contact a legal firm that deals with these issues on a daily basis.
The cost of filing a trademark depends primarily on the territory in which you want to obtain protection. Our interactive tool (available on the trademarks registration page) allows you to instantly receive a detailed and personalised quote.
Please note, also using our interactive tool, that our filing fees do not depend on the number of classes claimed. What changes are only the out-of-pocket expenses. However, you should be aware that the investment made in protection is worth 10 years because the protection provided by the application is worth 10 years from the filing date. Then, the trademark will be renewable “endlessly ” from 10 years to 10 years.
Should one decide to opt for international protection, both the owner of an Italian trademark and the owner of a European trademark will have a time period of 6 months (from the filing date) in which to extend the trademark abroad (e.g. to China or the USA), by backdating – thanks to a fictio legis (legal fiction) – the date of the foreign filing to that of the first Italian or European filing.
Our firm is competent to register trademarks in all the countries party to the Madrid Agreement/Protocol and, thanks to a large network of correspondents, to manage any prosecution phases.
Yes, it is not compulsory to use the assistance of a lawyer to file a trademark in Italy and/or Europe. However, relying on an experienced professional will help you to avoid potential problems.
Failure to carry out a novelty investigation could lead to the abandonment of the trademark due to a conflict with the owners of earlier trademarks. This would also lead to the loss of the filing fees already paid. The most significant risk would be having to compensate for the damage caused by the interference with possible third party rights, as well as the cancellation of promotional investments already made.
Our Law Firm is primarily known for its expertise in intellectual property matters. In addition to trademark registration, we also handle brand naming, novelty search and specialised litigation.
It is also good practice to commission a novelty search before filing to prevent conflicts and disputes. Remember that a trademark owner can enforce its right against anyone who has decided to:
Our interactive tool takes into account all the variables that affect the value of the quote (goods, territories, types of trademarks, investigation…) and asks a few simple multiple choice questions. In a few minutes, you will get a customised quote tailored to your specific case.
There are several factors that influence the cost of filing/registration. They are:
The “quote calculator” is available in the trademark registration section of our website and allows you to obtain a detailed and immediate quote. What are the risks of not filing? If you do not file, your protection will be limited to the so-called prior use of the sign (see the article “Is there legal protection for those who do not file?” or “Is a ‘de facto trademark’ sufficient or must it be registered?“).
Avvocato Arlo Canella
