European Union trademarks


The Community trademark, established by Regulation no. 40/94 of the EC Council, is a unitary trademark valid throughout the 27 countries of the European Union (Austria, Belgium, Bulgaria, Czech Republic, Croatia, Cyprus, Denmark, Estonia, Finland, France, Germany, Greece, Hungary, Ireland, Italy, Latvia, Lithuania, Luxembourg, Malta, Netherlands, Poland, Portugal, Romania, Slovakia, Slovenia, Spain, Sweden).

Trademarks that can be registered

Any new trademark capable of being represented graphically may be registered as a trademark, providing it meets the requirements of novelty, distinctiveness and lawfulness, including names, drawings, letters, figures, sounds, three-dimensional trademarks, combinations of colors or specific shades.


Anyone with an interest in a trademark may apply for one, including public law bodies and minors.

Filing of application

The Office checks the meeting of formal requirements and examines whether there are any absolute grounds for rejecting the application; the trademark application is then published.


Within 3 months of publication, any party who believes he or she has rights to that trademark or believes that the registration threatens prior rights may file a notice of opposition.

Duration and renewal

Registration shall be granted for a period of 10 years as from the application filing date, and may be renewed indefinitely for further 10-year periods.

Right of priority

An applicant or holder of a Community trademark who is already the holder of an identical prior national trademark for identical goods and services may claim the right of priority. This allows the proprietor to retain his/her earlier rights even if it surrenders its national trademark or does not renew it.


Within 6 months of filing a trademark, it is possible to claim priority for a prior national filing.

Classification of goods and services

The international classification of goods and services (Nice Classification) consists of a list of goods and services for trademark registration; it is divided into 45 classes. There are 34 classes of goods and 11 classes of services.

A Community trademark application that has not been rejected or opposed shall be granted.

Duration and renewal

Registration shall be granted for a period of 10 years as from the application filing date, and may be renewed indefinitely for further 10-year periods.

Use of registered trademark

The registered trademark must be used within 5 years of its filing, otherwise it will be cancelled.

The Community trademark can be maintained in all countries of the European Union by making serious and effective use thereof even in only one member State.


The proprietor of a trademark who for a period of 5 years has allowed the use of a trademark subsequent to its registration may not ask for said trademark to be declared null and void, nor oppose its use.

Transfers and licensing

The trademark may be transferred or licensed in relation to all or a part of the goods/services for which it was registered.

Conversion into a national trademark

Should a Community trademark application be turned down, or be revoked or canceled even in only one of the 27 countries of the European Union after its registration, it is possible – under certain conditions – to convert it into a national trademark application in other countries where it has not been rejected.

Customs protection

Both trademarks still in the application stage and trademarks already registered entitle their holder to apply for customs protection. In other words, the proprietor of a trademark may request the seizure of goods deemed to infringe his/her rights directly from customs.

Our offices

Trademark Registration Rome

Contact us to register your Italian trademark in Rome

Via delle Quattro Fontane 31
00184 Rome
Tel. +39 06 48 240 94 r.a.
Cel. +39 349 7464 867
Fax: +39 06 47 460 67

Trademark Registration Naples

Contact us to register your Italian trademark in Naples

Torre 5 – int. 519
80035 – NOLA
Tel. +39 081 5108388 r.a.
Fax: +39 081 5108388

Trademark Registration Benevento

Contact us to register your Italian trademark in Benevento

Work center
Contrada Piano Cappelle strada
Statale Appia Km 267
82100 – Benevento

For an appointment call:
Tel. +39 06 48 240 94 r.a.

Trademark Registration Lugano

Contact us to register your Italian trademark in Lugano

Via S. Gottardo, 15
Tel. +41 91 9236630
Fax: +41 91 9237105

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Studio Fiammenghi-Fiammenghi is a consultancy providing technical-legal services in the field of industrial property.

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