New procedure at uibm

The procedure to oppose at registration of marks available in Italy from July 1, 2011 can submit the application UIBM to oppose the registration of Italian and international brands.

The rules of procedure concerning the opposition are traced on the basis of those for the same institution within the EU, managed by the Office for Harmonization in the Internal Market (OHIM) and governed by the Regulations (EC) n. 2868/95 (IR) and n. 207/2009 (RMC) on the Community trade mark.

This procedure allows trademark owners who consider themselves wronged in their rights to initiate an expedited administrative procedure, the maximum duration of 24 months.

The Official Gazette of trade marks is published online on the website: www.uibm.gov.it from 1 July on a monthly basis and will contain all new trademark applications filed.

The 'act of opposition must be written in Italian and must contain:

- A reference to the opponent;

- Those of the mark against which opposition is entered and those of the earlier mark.

The notice of opposition, moreover, must appear in the attached certificate of payment of the fee of 250 euros planned for the proposition administrative opposition.

The deadline for filing the opposition under the decree MSE 11.05.2011 are as follows:

- For the filing of the opposition front UIBM is expected within three months of publication in the Official Bulletin of the mark;

- If the fraction of Italian international brand, the first day of the month following its publication in the Journal of WIPO.

Once submitted the notice of opposition, the parties will have two months to find an agreement.

Later, in the absence of agreement the parties will support documenting their case and within 24 months (the term is not mandatory) the date of the opposition will decisine UIBM (Italian Patent and Trademark Office)