TRADEMARKS

The Patents and Trademarks Office of the Republic of San Marino is the official body for registrations of trademarks in San Marino.
The U.S.B.M. (Patents and Trademarks State Office) has the duty to administrate the register of applications and registrations of trademarks.
What is a trademark?
A trademark is a mark by means of which a company distinguishes its goods or services from those of other companies.
In general, any mark which may be graphically represented shall be admitted to registration as a trademark in San Marino. Such trademark may be composed of 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).
A trademark is never protected as a whole, but exclusively when in connection with goods and services identified through “classes” of goods and services on the basis of the Nice Classification.
The owner of a registered trademark shall have the right to use it to mark goods or services and shall be entitled to prohibit third parties from using an identical or similar mark for the same kind of goods or products.
FEES, TIME LIMITS and PROCEDURES
In the Republic of San Marino, the registration fee for a period of 10 years shall amount to 150.00 euro up to three classes of goods and services; any further class shall entail an increase in the amount of 40.00 euro.
Registration can be extended every ten years, with no limits of time.
The U.S.B.M. can provide information about the registration procedure, but it cannot provide any advice nor give assistance in choosing the mark to be registered, goods, services or classes for which such registration is required. If the applicant needs this kind of information, he may address the Industrial Property Agents enrolled on the Register held by the U.S.B.M.
Residents of the Republic of San Marino can address directly the U.S.B.M., while non residents shall resort to Agents enrolled on the Register of authorised Industrial Property Agents.
The U.S.B.M. shall not verify either novelty or distinctive character of the trademark. However, novelty and distinctive character may be challenged in judgement at any time. It shall be the duty of the Single Court of the Republic of San Marino to decide on the validity of the title of protection.
INTERNATIONAL REGISTRATION (MADRID SISTEM)
The Republic of San Marino is a member of the Madrid Agreement and the Additional Protocol, which are International Conventions dealt with by the WIPO (World Intellectual Property Organization), whose headquarters are located in Geneva (CH).
A trademark may be registered for the countries specified by the applicant, provided that they are members of the above-mentioned international conventions, by filing a single application in a single language (French or English) and by making a single payment in Swiss Francs.
The international application shall be filed with the U.S.B.M. if the depositor has a national registration application or a mark which has already been filed with the U.S.B.M.. The latter shall forward such application to the WIPO.
If the international application claims the San Marino priority, it shall be sent to the WIPO within 6 months from the national filing date.
The WIPO shall supervise over the conformity of the application with the requirements laid down by the International Conventions, include such application in the international register and forward it to each of the designated States. Such States shall consider it on the basis of their national legislation and are entitled to decline the extension of the registration within a maximum period of 18 months.
COMMUNITY TRADE MARK
A Community Trade Mark is a trade mark valid across the European Union, registered with OHIM. San Marino is not member state of the European Union, therefore a community trade mark is not valid in the Republic of San Marino.
A community trade mark application or a registered community trade mark can be used as the basis to extend protection internationally via an International Registration governed by the Madrid Protocol System, administered by the World Intellectual Property Organization (WIPO).



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