Dec 30, 2023 (Newsletter Issue 1/24)
Madrid e-Filing Now Available
The San Marino State Office for Patent and Trademarks (USBM) has introduced the Madrid e-Filing to the public. Madrid e-Filing allows San Marino trademark owners to expand the protection of their national trademark registrations in a secure and online environment. The e-filing solution allows users to communicate directly with USBM and receive and respond to irregularities issued by WIPO online, saving time and avoiding misunderstandings.
Source: www.wipo.int
Apr 24, 2019IP Office Will Not Accept Division or Merger Requests of Intl. RegistrationSan Marino has notified WIPO in accordance with new Rules 27bis(6) and 27ter(2)(b) of the Common Regulations, which entered into force on February 1, 2019.
Accordingly, new Rules 27bis(1) and 27ter(2)(a) of the Common Regulations do not apply. As a result, the IP Office will not present WIPO requests for the division of an international registration under new Rule 27bis(1) nor requests for the merger of international registrations resulting from division under new Rule 27ter(2)(a).
For further information, please refer to hereSource: www.wipo.int Nov 30, 2018 (Newsletter Issue 20/18)Accession to Hague Agreement on International Registration of Industrial DesignsOn October 26, 2018, the Government of San Marino deposited with WIPO its instrument of accession to the Geneva (1999) Act of the Hague Agreement Concerning the International Registration of Industrial Designs.
The following declarations have been communicated:
– international applications may not be filed through the national Office;
– the maximum duration of protection provided for by the legislation of San Marino in respect of industrial designs is 25 years.
The Act and the declarations made will enter into force with respect to San Marino on January 26, 2019.
For further information, please check here 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 and further by Law no. 189 of 22 December 2015.
An Italian trade mark enjoys protection in San Marino (and vice versa), by virtue of a treaty between the two states with the exclusion of the rights obtained in San Marino through the procedures envisaged in international agreements or conventions. Accordingly the trademarks rights obtained through an International Registration under Madrid Agreement and Madrid Protocol designating Italy are not protected in San Marino and vice versa.
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, 12th 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.
Practical details on grace periods for trademark renewals are available in our publication
herePractical details on trademark use requirements are available in our publication
hereThe official application fee is Euro 200 for an application in up to 3 classes and Euro 50 for each additional class from the fourth. There are no publication nor registration fees.
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Practical details on trademark licensing are available in our publication
hereOnline you can see a limited part of information about this country.
More in-depth details are available for the following aspects:
General Trademark Regulations
Trademark Use Requirements
Grace Period for Trademark Renewal
Trademark Licensing
If you like to purchase all available information for this country, click the order button.
The total price is
49.00 EUR. A PDF-Download will be sent to you electronically.
Jul 30, 2024
Jacobacci & Partners S.p.A., Torino, Italy