The Trademark
Unlike patents, the trademark has an unlimited duration of time and can be renewed every 10 years if desired.
It is possible to apply to register a name, one or more words, a name with a particular graphic or even just a graphic, a sound or a particular combination of colours. In order to be registered, a trademark must be new, even if in Italy it is possible to register a mark already registered overseas (unlike patents) as long as it does not have a great reputation and that the registering is not intended to damage the other mark.
[Protection of the trademark]
By registering a trademark you can prevent others using the same sign in commercial activities and you can trade your mark in the country where it is protected, using it on your own or licensing it to others upon payment of a fee. Before choosing a name as an identifying mean for your company or product, it is very important, even if you are not intending registering it as a trademark, to ensure that it is not already registered by others, as if this was the case, you would have to change it and maybe even have to pay compensation for damages.
[The de facto trademark]
The “de facto” trademark is a mark used but not registered, has a poor protection and is subject to all risks of infringement or restrictions of use arising by a subsequent registration by others. The experience proves that it is very convenient registering a trademark, both for the risks of expensive costs and for the enormous advantages, practical and economical, which will come from this.