Trademarks Law in San Marino
Certainly! Here’s an overview of trademark law in San Marino:
Trademark Law in San Marino
1. Legal Framework
Trademark protection in San Marino is regulated by the Law on Trademarks.
San Marino is a member of several international intellectual property treaties, including:
The Paris Convention
The Madrid Protocol
The Trademark Law Treaty (TLT)
The European Union Intellectual Property Network (EUIPN) through agreements with the EU.
The State Office for Industrial Property (Ufficio Brevetti e Marchi) handles trademark registration.
2. Definition of a Trademark
A trademark is any sign capable of distinguishing the goods or services of one enterprise from those of others.
This can include words, logos, shapes, colors, sounds, or combinations.
3. Registration Process
Applications are submitted to the State Office for Industrial Property.
The process involves:
Formal examination to ensure completeness.
Substantive examination to check for conflicts and distinctiveness.
Publication for opposition.
Registration if no opposition or after successful opposition resolution.
4. Duration and Renewal
Trademark protection lasts 10 years from the filing date.
It can be renewed indefinitely for successive 10-year terms upon payment of renewal fees.
5. Rights Conferred
Exclusive right to use the trademark on registered goods and services.
Right to prevent unauthorized use or imitation.
Rights to license, assign, or transfer the trademark.
6. Infringement and Enforcement
Infringement includes unauthorized use or imitation likely to cause confusion.
Enforcement is through administrative and judicial authorities in San Marino.
Remedies include injunctions, damages, and seizure or destruction of infringing goods.
7. International Registration
San Marino is a member of the Madrid Protocol, enabling trademark owners to seek protection in San Marino via international registration.
Additionally, San Marino benefits from agreements with the European Union for broader regional protection.
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