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Legal notes to trademark registration in San Marino

Legal notes to trademark registration in San Marino

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Trademark registration in San Marino. San Marino, officially the Republic of San Marino, also known as the Most Serene Republic of San Marino, is a small country in Southern Europe enclaved by Italy. San Marino is a developed country. San Marino’s per capita GDP and standard of living are comparable to that of Italy. Key industries include banking, electronics, and ceramics. The main agricultural products are wine and cheese. San Marino imports mainly staple goods from Italy. Accordingly, many businesses want to enter this market and one of the most important preparations a business needs to take before expanding to this country is to learn the procedure of trademark registration in San Marino.

Trademark in San Marino

Mark in San Marino can be any words, figure, and/or letter combinations (word mark), of an image (figurative mark), of image and word combinations (composite mark), and of three-dimensional forms (three-dimensional mark).

San Marino applied the Nice Classification. Accordingly, applicants need to carefully classify the mark according to the latest Nice Classification to best protect and utilize their trademark in this country.

Although a trademark does not have to be in use in order for it to register in San Marino, it must not go unused for periods of 5 years or it will become vulnerable to cancellation actions based on lack of use of the trademark.

The procedure of trademark registration in San Marino

To obtain trademark protection in San Marino, the applicant needs to file their trademark application to the Patent and Trademarks Office of the Republic of San Marino (USBM).

In addition, the applicant can also file for trademark registration in Italy to obtain trademark protection in this country.

In case the applicant files through the USBM, it should be noted that the USBM will not provide information as well as any type of assistance about the registration procedure.

Instead, the applicant needs to address the Industrial Property Agents enrolled on the Register held by the U.S.B.M to check if the intended registered mark is qualified or not.

The validity period

Registered trademark in this country will be protected for 10 years from the filing date.

Every 10 years, the trademark owner may file for renewal of the trademark to extend the protection period for another 10 years.

If the trademark owner misses the deadline to file for renewal of the trademark, he/she can file it in the 6 months grace period after the expiration of the trademark, upon payment of a late renewal fee.

Notes about trademark registration procedure in San Marino

San Marino is a member of the Madrid System. Accordingly, the applicant can file for trademark registration through the Madrid System to obtain trademark protection in this country.

As an applicant can file for trademark registration in Italy to obtain trademark protection in San Marino, a registered trademark in this country can also gain protection in Italy.

However, international trademarks filed via WIPO designating San Marino do not offer protection in Italy, and vice versa.

San Marino is not a member of the European Union. Accordingly, European Union trademarks do not award trademark protection in this jurisdiction.

You can see a list of San Marino IP firms here.

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