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San Marino (SM)

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Legal basis is the Law No. 79 of 25 May 2005 (Industrial Property Sole Act), in force since 9 June 2005 and slightly amended by Law No. 114 of 20 July 2005.
An Italian trade mark enjoys protection in San Marino (and vice versa), by virtue of a treaty between the two States.
San Marino is a member of the Madrid Agreement and the Madrid Protocol, but not of the European Union.
Trade mark protection is obtained by registration.
Earlier use of a non registered sign (so-called “marchio di fatto”) that has acquired a certain reputation beyond a purely local level precludes the later registration of the same or similar sign.
On the other hand, a sign used solely locally and enjoying at the most a purely local reputation can continue to be used within the local area, but shall not bar a later registration by another owner.
Nice classification, 10th edtion
Registrable as a trade mark are all distinctive and graphically representable signs, such as words, personal names, three-dimensional form of a good or its packaging as well as sound marks, letters, numerals, colour combination of shades and any combination of the mentioned signs.
The portrait of a person, names of renowned individuals, renowned signs or logos used in public (art, sport, political) or denominations of non profit-associations are registered only by their owners or legitimate users.
The following trade mark types are registrable: trade marks, service marks, collective marks.
The application is filed at the Patent and Trademark Office (USBM). Multiple-class applications are possible. An application can include goods in any number of classes, but with additional charges for each additional class from the fourth.

Foreign applicants need a local agent. A non-legalised power of attorney is sufficient.
Foreign applicants do not need a domestic registration but are entitled to registration in San Marino based on reciprocity.
The application process includes a formal examination, an examination on absolute grounds but no search for prior trade marks.

Signs not deemed distinctive in the examination can be registered if distinctiveness has been acquired by use.

Trade mark applications accepted by the Registrar are published in the official gazette; prior to registration. The approximate time frame for completing the registration process of a trade mark in San Marino is from 12 to 18 months.
National:
Opposition proceedings before the Patent and Trademark Office are provided for by the law but are not yet operational and will be possible only in the future, once the relevant rules are issued by the Director of the Office. In the future, oppositions may be filed within 3 months from the publication of the application.

Details regarding the Opposition Period against designation of IR Mark are available in our publication on this topic here
Protection begins with the date of application. A trade mark registration is valid for 10 years from the anniversary date of the first filing of the application. The registration is renewable for periods of 10 years.
The grace period for renewals is 6 months from the expiration date of the trademark.

Further practical details are available in our publication on this topic here
If the trade mark has not been used within 5 years from registration or if its use is discontinued for more than 5 consecutive years, it may be subject to cancellation.

Further practical details are available in our publication on this topic here
The official application fee is Euro 150.00 for an application in up to 3 classes and Euro 40.00 for each additional class from the fourth. There are no publication nor registration fees.


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Practical details on licensing procedures, requirements and effectiveness are available in our publication on this topic here.
Country Index is a free service of SMD Group. We thank the following law firms for their assistance in updating the information provided.

Country Survey
03-02-2017
Berma S.R.L., Dogana, San Marino

11-13-2014
Praxi Intellectual Property S.p.A., Rome, Italy  

06-28-2013
Praxi Intellectual Property S.p.A., Rome, Italy  

01-09-2012
Società Italiana Brevetti S.p.A., Firenze, Italy



Ufficio di Stato Brevetti e Marchi (USBM)
Via 28 Luglio N°. 196
47893 Borgo Maggiore
Rep. San Marino
Tel +378 0549 882 982
Fax +378 0549 883 856
Mail info.brevettiemarchi@pa.sm
www.usbm.sm

World Intellectual Property Organization (WIPO)
34, Chemin des Colombettes
1211 Geneva 20
Switzerland
Tel +41 22 33 89 11 1
Fax +41 22 73 35 42 8
www.wipo.int