HomeMarketsHistoric brands of national interest, the decree is underway

Historic brands of national interest, the decree is underway

The application of that part of the '2019 growth decree' which provided for the establishment of the new register of the 'Historical Brands of National Interest'. (1) The news to follow.

Historical brands of national interest, Mi.SE decree 7.4.20

The decree 27.2.20 of the Mi.SE (Ministry of Economic Development), in the Official Gazette 7.4.20, implements the 2019 growth decree indicating the procedures for registration in the register ofHistorical brands of national interest '. (2)

The questions they can be presented to the UIBM starting from 16.4.20, exclusively electronically, with payment of the stamp duty equal to 15 euros (art. 2). Applications must be accompanied by:

- for registered trademarks, the report of the first filing in Italy (or the least recent renewal report), the reproduction of the copy of the trademark as well as all the documentation relating to any changes (limitations or partial waivers) of the registrations on protected products and / or services,

- for unregistered trademarks, the reproduction of the brand copy and the documentation (pursuant to Legislative Decree 30/05, art. 178.4 and Ministerial Decree 33/10, art. 53.4), demonstrating effective and continuous use for at least 50 years. Specifying the goods and services to which they refer, according to the international Nice classification. This documentation may consist in the presentation of packaging samples, labels, price lists, catalogs, invoices, shipping documents or  export, photographs, newspaper advertisements, written statements andsimilar means'(art. 3).

TheHistorical Brand' Italian

The UIBM (Italian Patent and Trademark Office), following receipt of the requests, verifies the existence of the established conditions and the probative suitability of the attached documents. With the right to communicate a survey and assign a term of 20 days for document integration and in any other cases deemed necessary. The investigation must be completed within 60 days, in the case of registered trademarks, and 180 days in the case of unregistered trademarks (Ministerial Decree 27.2.20, article 4).

In case of acceptance of the application, UIBM allows the applicant the promotional use of the recognition mark 'Historical brand'below.

The special register of historical brands of national interest is published on the site www.uibm.gov.it and can be consulted on the database of deposits and industrial property titles of the UIBM, which ensures its constant updating (art. 7).

Entry in the register it has an unlimited duration, is not subject to renewal and the owner can request its cancellation at any time. The cancellation is subject to the same methods of screening, with no certainty for now about its automatic acceptance.

Mandatory notification of closure or relocation

The company owner or licensee of trademarks registered in the special register of the new institution - if it intends to close the production site of origin (or in any case main) to cease activity or to relocate it abroad, with consequent collective redundancies - has the duty to notify the Ministry of Economic Development information relating to this.

Following the notification above, the MiSE starts the process to identify possible interventions, drawing where necessary from the resources of the new 'Fund for the protection of Historical Trademarks of National Interest '. With the aim of safeguarding employment levels and the continuation of production activity on the national territory.

The breach of obligations of notification indicated above involves the application of administrative sanctions from € 5.000 to € 50.000.

Guarantee Fund for SMEs

SMEs owners or licensees of the historic brand can also access the appropriations of the 'Guarantee fund for small and medium-sized enterprises', for projects to enhance their brand. The methods of accessing this fund have not yet been established.

Dario Dongo, Domenico de Simone, Giovanni Orsoni

Footnotes

(1) Growth Decree, DL. 30.4.19/34/28.6.19 no. 58, converted with some modifications into law XNUMX, n. XNUMX. 'Urgent measures for economic growth and for the resolution of specific crisis situations'

(2) MiSE Decree 27.2.20, Directorate General for the Protection of Industrial Property, Italian Patent and Trademark Office. 'Application procedures for registration in the special register of historical trademarks of national interest'(20A01963). In the Official Gazette General Series 7.4.20, n. ninety two

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Active lawyer in the field of intellectual property since 1972, he is a founding partner of De Simone & Partners Spa and De Simone Law Firm. Former president of the European Communities Trademark Association (ECTA), he follows all areas related to the economic exploitation of intellectual property rights.

+ posts

Double-qualified lawyer in Italy and the UK, active in the field of intellectual property since 2005. He has worked in London, Venice, Milan and Rome, with a particular focus on trademarks, copyright, domain names, and design.

+ posts

Dario Dongo, lawyer and journalist, PhD in international food law, founder of WIISE (FARE - GIFT - Food Times) and Égalité.

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