If the name of a heading is particularly well known, you could not at all proceed with registering it as a mark because of its prestige. However, even if this was not the case, registering the possible trademark would not shield you from any risks, and, above all, you would not automatically gain the right to use that name to publish something similar to the existing one, even if this is about to be abandoned. The name of a magazine, a newspaper or other periodical publications is protected by the art. n. 100 of the copyright regulation, which bans anyone using it for any magazine of the same kind not only simultaneously, but also before two years have passed since the termination of the former publication. Therefore, only in the case where the magazine has a totally different contents from the one still being distributed, i.e. one is about finance and the other about gardening, is possible using that name for your own publication, on the contrary, the problem will not be resolved by registering the trademark. The mark has a commercial function and its purpose is to show a product or a service and differentiate it from the competition, thereby allowing the clients to always recognise the producer. The protection offered by the Art. 100 is specifically and exclusively dictated for the magazines and periodicals and so by being special, prevails over the protection granted by the regulations of trademarks.
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