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"News - The Trademark legislation was published in the Official Gazette no. 57 on 8 March"

Date: 
14/03/2019
Typology: 
News

One of the main innovations is the new administrative procedure for revocation and invalidity of a trademark, whose validity may be contested avoiding a court proceeding. Further provisions, concerning procedural issues, establish that - in the judgements for the trademark’s revocation – the proprietor is responsible for the burden of proof; furthermore the licensee may take legal action for the trademark infringement only with the consent of his owner.

The legislative decree also provides for the registration of new types of trademarks (such as auditory, olfactory, luminous representation), abolishing the previous requirement of graphical representation and sets new bans on the registration of the shape trademarks concerning other characteristics of the products. An increased protection of the certification marks and of the PDO and PGI products is also established.