If I invent a new way to write the word “apple”, can I deposit the invention with a particular graphic and get payment from whoever uses it?

The Art. n. 7 of the Industrial Property Code states that “all new signs that can be graphically represented” can be object for a trademark, particularly words, drawings, letters, numbers, sounds, shape of a product or its packaging. Therefore, the particular graphic used to write a word, even if ordinary, is object not so much of patent of invention, but for a trademark. Regarding the relevant protection, we must set apart whether the word “apple” is used to indicate the actual fruit or a completely different product, i.e. a perfume. In the first case, as it is a weak mark only describing a product, just the graphic part can be protected, therefore only a few small modifications may be made to rule out a violation. On the other hand, in the second case, as it is a stronger mark, being completely unlike the product, the protection will be very powerful for both the graphic part and the wording. The conclusion to this difference is that, regarding the economical exploitation, whether it is selling the trademark or leasing the use of it, if it is a weak mark such exploitation could only be referred to the graphic part, whilst if the mark is strong, the whole of it would be protected.