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ARTICLE · 18 DECEMBER 2019

Monograms: Just Letters Or Powerful Trademarks?

Some maisons have built their empire on motifs made by combining the initials of the founder's name or, more generally, alphabetic letters. However, although the commercial value of...

ItalyIntellectual Property
Lara Mastrangelo
Lara Mastrangelo

Some maisons have built their empire on motifs made by combining the initials of the founder's name or, more generally, alphabetic letters. However, although the commercial value of monograms is not questioned, they are still made of letters of the alphabet.

Sometimes such letters are graphically elaborated in a way that distinguishes them from the conventional version used in language, but sometimes not. Hence, a question may arise: can monograms be registered as trademarks?

First of all, the chance to register alphabetic letters as trademarks was formally introduced into the Italian legal system only with the enactment of Legislative Decree no. 480/1992 (in implementation of Directive 89/104/ EEC). Despite this result, some courts kept arguing that trademarks consisting of letters are weak, so that even slight changes are sufficient to exclude infringement. However, after the CJEU stated that alphabetic letters can be registered as trademarks as long as they are

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