Check of requisites for trademark registration and protection
Requisites for trademark validity are:
- novelty: the trademark should be novel, that means that it can not be identical or similar - confusingly similar to an earlier trademark registered for identical or similar products, or to a company name or a trade name etc. of competitors operating in the same field. To this purpose our Law Firm can provide identity and similarity search in order to check any pre-existence of filed or registered trademark. Besides, a trademark should not consist exclusively of signs that have become customary in current language or in established practices of the trade.
- distinctiveness: the trademark can not consist exclusively of generic denomination of goods/services or in descriptive indications related to them, as signs or indication which may serve, in trade, to designate the kind, quality, quantity, intended purpose, value, geographical origin or the time of production of the goods or of rendering of the service, or other characteristics of the goods or service. Our Law Firm always check these grounds, providing the Client with advice concerning best solutions in case of critical situation with reference to the requisite of distinctiveness. (Please see the document concerning confusingly similar trademarks).
- lawfulness: the following shall not be registered: trademarks which are contrary to public policy or to accepted principles of morality; trademarks which are of such a nature as to deceive the public, for instance as to the nature, quality or geographical origin of the goods or service; signs which may be prohibited by virtue of an earlier right: a right to name, a copyright, an industrial property right.
