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ARTICLE · 19 FEBRUARY 2020

Surprising New Developments In The Italian Trademark Law

The new legislation intends to stop these instances even though the text of the new law attracted numerous criticisms.

ItalyIntellectual Property

The so-called 'Growth Decree' (Decree-Law 34 of April 30, 2019, as approved by Parliament, with amendments, as Law 58 of June 28, 2019) has introduced a new trademark category.

Marchi Storici (historical trademarks, Italian) refer to historical trademarks which can be registered in a dedicated registry before the Italian Patent and Trademark Office (UIBM) if they meet the following definition: "Italian trademarks registered or used for at least 50 years for the marketing of products or services made by an Italian production company of excellence, historically connected to the Italian territory." Trademark owners that intend to "close the original or main production site" for the "termination of the activity or the delocalization of the same outside the national territory" must notify the Ministry of Economic Development of their intentions, under penalty of administrative fines ranging from €5,000 to €50,000. The ministry then "starts the procedure," aiming at

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