In the past few years, with the strengthening trend of economic globalization, Chinese enterprises, that are gradually implementing the “go global” strategy, began to spread their products worldwide. The Europeanand Italian markets, the main battlefields for Chinese enterprises, also attracts lots of investments.
Due to the territorial limitation of trademark right, a registered trademark shall merely be valid in certain nation/region where it is registered. In view of a further protection of their own enterprises, an increasing number of Chinese enterprises have demands to register trademark after exploiting overseas market.
Who can Register Italian or European Trademark?
Chinese individuals and companies may register a trademark in Italy and Europe. During the process of registration, registered subjects may entrust corresponding agents, who generally shall be attorneys.
Where to Register Italian or European Trademark?
· Italian Trade Mark: Submit an application to the Italy Patent and Trademark Office (PTO). The validity of the trademark is for 10 years from the date of application. A trademark registration may be renewed each time for a period of ten years, and the number of renewal times is unlimited.
· European Trade Mark: Submit an application to the Office for Harmonization in the Internal Market, OHIM.
· International Trade Mark: Submit an application to the World Intellectual Property Organization’s Office (WIPO) in Geneva.
· The international classification of goods and service may refer to the “Nice Agreement”.
How to complete registration procedure?
· Design a trademark. Enquire the registration organizations to ensure whether the trademark may infringe another party’s existing prior right or may be similar to a registered trademark.
· Register a trademark in aforementioned organizations. For example, after receiving an application for European trademark, the European Union’s Trademark Office will inform each member to examine and approve. After passing the examination and approved by all members, the acceptation of application shall be published for three months. During the 3-month period, any third party is entitled to raise an objection. An application of trademark without a third party’s objection can be approved to register in one year.
· Aforementioned organizations are entitled to approve trademark with granting corresponding certificates. The term of validity for a registered trademark is 10 years.
It is suggested to entrust an attorney to operate the whole procedure, in order to register trademark more effectively.