How to register a trademark

In order to register a trademark certain important choices must be made.

[Wording or figurative trademark]

First of all it is necessary to decide whether registering a trademark made up exclusively by words, by words and graphic or just by graphic. In the first instance you have the exclusive right to use it with any graphic design; in the second case you are protected only with the combination of the deposited words/graphic. Whilst in the third case the protection refers only to the registered logo.

[Black and white or coloured trademark ]

Another option is to select whether to register the mark in black and white or in colour. In fact, in the first case you are only protected for all the colours or various combinations of colour that you are giving to this mark, whilst in the second occurrence you are protected only in the selected and registered colour combination.

[Class of products/services]

Another important thing to do is to identify and to describe the classes of the products/services to be protected by the trademark. Both the identification and the description are very important because they must take into account not only the productivity of the business, but also any choices that would be made in the future. In fact, once filed, the registration application cannot be changed and in order to add new products, it will be necessary to register a new trademark.

[Extent of territory]

Once these selections have been done, it is necessary to decide the extent of the territory for the mark. As with patents, the trademarks also have validity within a territory. Particularly, it is possible to choose whether to register an Italian trademark, effective only in our country, or Community mark, effective in 25 European Union countries and which can automatically be extended to all those states which will join the EU in the future, or International, valid in those countries which have joined the relative agreements. Lastly, it is also possible to file a trademark application in individual foreign countries.