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A trademark is a symbol, word or form that suitably identifies goods or services “provided by the company and for which it has been registered". It is a distinctive mark that must enable the public to distinguish the goods or services of one business from those of another business. It is thus necessary to protect the trademarks that identify the goods or services of a company so that they can be distinguished from the goods offered by a rival company or possible counterfeits. The registration of an Italian trademark can be in one or more classes (see Nice Classification) within the national boundaries, and the protection of a filed trademark lasts 10 years from the date of filing and is renewable. The existence on the market of any confusable trademark whatsoever is not enough to establish non-novelty; the existing trademark must be a well-known trademark. A trademark lapses if it is not used within 5 years of its date of registration or, in any event, if it is not used for 5 consecutive years. If the trademark has been filed in more than one class, its non-use for 5 consecutive years in one or more classes will result in its lapse in the classes in which it has not been used for 5 years. Also, it will lapse if it becomes "capable of deceiving the public" or if it is against the law, public order or public morality. A trademark which has lapsed for non-use can be re-filed. Note that the protection of an Italian trademark is valid as from the date of filing. The term “secondary meaning” refers to a commonly used or simply descriptive expression which is thus not protected by a trademark as it has no original meaning. Over time, however, this word takes on a secondary meaning, making it original and individualising. The trademark consultancy that we offer, therefore, can range from a technical-legal assessment to the evaluation of your trademark.

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The registration of a Community trademark gives unified protection in all European Union member states by means of a unique filing procedure followed by a unique registration procedure, which is done at the Office for Harmonisation in the Internal Market (OHIM). The filing of a Community trademark can also be in more than one class of goods and/or services (see Nice Classification) and this too lasts 10 years as from the date of filing and is renewable but no longer valid if unused for 5 consecutive years. Furthermore, it can be invalidated if it has become "capable of deceiving the public" or "vulgarised ".

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An international trademark is protected by both the Paris Convention and the Madrid Arrangement (for both, see the Standards and Doctrine section). The holder of the filing rights of a trademark in his or her country of origin (e.g. Italy), can apply to file an international trademark with the World Intellectual Property Organisation (WIPO) for the countries of interest (see list of Countries). The registration of an international trademark lasts 10 years, starting from its date of registration and is renewable. If, in the first 5 years, the protection in the country of origin expires, the Patents Office in that country can request the cancellation of the registration of the international trademark and the annulment of the trademark in the designated countries. An international Trademark too can be filed in one or more classes (see Nice Classification).

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The model (ornamental) and design protect the appearance of the whole product or part of it as resulting from the characteristics of the lines, outlines, colours, form, surface structure or materials of the product itself or its ornamentation, on the condition that they are new and have an individual character. We can thus define an innovation as purely aesthetic (e.g.: a CD rack that acts as a furnishing item).

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A utility model is a technological innovation which has the particular characteristic of making items such as machines or parts of machines comfortable and effective in use (e.g.: an ergonomic computer keyboard).

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A patent is "a new idea". It thus consists of an original solution to a technical problem and the patentability requirements are: the newness, the originality, the lawfulness and the industrial applicability of the patented product. An innovator gains a competitive advantage that is lost when competitors adopt the invention. It is thus important for the innovator to maintain exclusive rights on a technological innovation. The protection of the patent lasts for 20 years from the date of the filing of the application and in Italy is issued without prior examination. The filing and subsequent registration of invention patents gives the company an added value which can, for example, be granted either for more or less exclusive use or transferred. It is protectable both in Italy and abroad.

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The information given above on the Invention Patent is also true for the European Patent. A European Patent is a set of national Patents filed with the European Patent Office (EPO) in a single procedure. The filing of the European Patent thus leads to a nationalisation of the application in the countries of interest and compliance with regulations in the individual countries. For Patents of a certain importance, the filing and registration of a European Patent or the PCT patent procedure is definitely advisable. The European Patent, unlike the Invention Patent filed in Italy, is issued only after a prior examination by the European Office.

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With a PCT patent (member states), the applicant can register the patent in one or more of the countries that have signed the Treaty. The registration of an International Patent can include non-European as well as European countries, provided they conform to the PCT. Our company will file an International Patent on the customer's behalf, and, should the country of interest not be a signatory of the PCT agreement, will file singly in that particular country.

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Biotechnologies are the new genetic modifications made to a given biological material. Neither animal species nor the biological procedures used to produce them are patentable, and nor is the production of a whole human body. The patentability of an isolated element of the human body is permitted.

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Software, i.e. the intangible part of a PC, can be protected in the same way as an original work, which the author has the right to protect in the same way as, for example, a literary work. Obviously, the originality of the software is a requirement, and in the event of it being protected, the author has the right to produce, translate or effect any form of adaptation or distribution system that he or she deems appropriate.

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A domain can be registered with the name of a private individual (physical person), a company (legal entity) or an imaginary name provided the same domain has not already been registered with the same name and the same extension (e.g. .it, .com, .eu, etc.). If a domain with the same name and the same extension has already been registered it will not be possible to do the registration before the previous registration expires and is deleted from the register, subject to it not being renewed (see Priority Searches).

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The copyright law makes it possible to protect literary works, music, films, designs, photographs and software against plagiarism. What is protected is not the actual idea to provide a certain service or produce a certain work, but the way in which it is expressed. An author acquires the exclusive right to the reproduction, execution, dissemination, distribution, processing and transformation of his or her own work, which he or she can then grant to others. The copyright protection can be renewed if, for example, the work has been disseminated.

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A semiconductor is a product capable of performing an electronic function. It is made up of different layers, at least one of which is a semiconductor. The protection regards only the topography of the chip and not the software incorporated in it, nor the manufacture process and nor any further information. The protection lasts 10 years and involves the prior examination of the patented item. Italy has never signed the International Treaty on the Protection of Integrated Circuits.

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A new plant variety is "any plant grouping within a single botanical taxon of the lowest known rank that can be defined by the expression of the characteristics of a given genotype or combination of genotypes". Patentability requirements are: the newness, the stability, the homogeneity and the distinctness. For New Plant Varieties too, the duration is 20 years, apart from trees and vines, for which the patent right lasts 30 years.

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These searches consist in checking, on behalf of the person wanting to register, for example, a trademark, for the existence of identical or similar words, figures or symbols. It could also be a search regarding an invention; i.e. checking for the existence of a technological innovation identical to the one that you want to register. A Priority Search can also be done in domain names (generally called domains or names of domains) on the basis of the name and extension (such as .it, .com, .eu, etc.) that you want to register. Our Trademark Surveillance Service, subsequent to the filing of the trademark, checks for the appearance on the market of trademarks the same as or similar to yours in the same classes, deposited by another subject.

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The trading of counterfeit goods violates the rights of holders of trademarks, patents, designs or models or copyrights, causing serious damage both to consumers and to the companies holding the patent rights. According to EC Regulation n° 1383/2003, holders of a trademark, patent, design or model or copyright can file an application for customs intervention to either the Italian or European Community customs in order to alert them so that they can intervene more promptly and thoroughly to check for incoming or outgoing goods deemed to be counterfeit. Also, with an intervention application the response time for the holder of the right is greater – 10 days – than in the case of a reported infringement without an intervention application – 3 days. When drawing up the application with the customer, we make a detailed analysis of the factors necessary for effective protection – either in Italy or in the European Community – and of the goods to be protected – origin, destination, quantity, … – highlighting the salient points in such a way as to obtain effective protection. The intervention application will be examined by the customs authorities, who will inform the holder of the right whether the application has been accepted or rejected. The application lasts for one year and is renewable throughout the entire period of validity of the protected patent right.

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- Deadline management: We manage and control deadlines of Your Trademarks, Patents, Designs, Domain Names and Copyrights, by alerting You, before their expiration, to keep the right previously obtained.

- Litigation: Cioncoloni Law Firm is inside our firm. It can represent You in litigation concerning infringement, unfair competition, seizure as Intellectual Property court litigation, in Italy and abroad. Our lawyers are admitted to practice both in Italian and Community Courts.

- Drafting contracts: Our attorneys compile confidentiality agreements and contracts regarding Industrial and Intellectual Property rights such as licenses and franchises.

- Rating: Intangible assets are increasingly subject to assessment, for several reasons, including sale or license, finance, accounting and litigation proceedings. For this reason any Intellectual Property right, should be evaluated in different ways as our expert attorneys are used to deal with, in order to ensure efficient management of these proceedings. This assessment may be considered in or out of Court and for the conclusion of an agreement.

- Representation both in Italian and foreign Patent and Trademark Offices: our staff can request simple or authentic copies to the Offices, submit claims, obtain official certificates, monitor the status of pending practices. According to laws, regulations and international conventions we can provide You assistance in all operations regarding IP rights. We are also able to perform any type of title search through the Chamber of Commerce in Italy and abroad.

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Our bureau is able to meet your requirements regarding the development of a technical design, the creation of a model on which to base the production of subsequent items and the project management for that or other models of interest.

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