All signs, in particular words, including names of people, drawings, letters, numbers, sounds, the shape of the product or its packaging, combinations or chromatic shades, can be registered as trademarks, provided that they are capable of distinguishing the products or services of a company from those of other companies and are suitable to be represented in such a way as to allow the competent authorities and the public to determine with clarity and precision the object of the protection conferred on the assignee.
Having said this, to be validly registrable a trademark must meet the requirements of novelty and originality: in other words, it must not be confusing with another trademark or distinctive sign already existing on the market, it must not consist of a commonly used word and must not be descriptive of the specific product, its nature and quality or its geographical origin. Registering a shape is subject to limitations.
The application is presented for products and/or services of one or more of the classes of the Nice International Classification used for the purpose.
A national or international registration is possible through the European Union trademark wherein with a single application it is possible to request protection of the trademark in all the states of the European Union, or through the international trademark which allows obtaining with one single registration for trademark protection in over 100 countries around the world.
A prior art search is advisable. The trademark lasts 10 years from the filing date and is subsequently renewable for further periods of ten years.
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