San Marino

The Republic of San Marino has adhered to the Paris Convention for the Protection of Industrial Property since 4th March 1960 and is part of the World Intellectual Property Organisation (W.I.P.O.)

Under the law of 24th June 1997, no.64, the Republic of San Marino adopted a framework law on Trademarks and Patents. This law established, amongst other things, the Trademark and Patent Office of the Republic of San Marino.

By the Law n° 79 of May 25, 2005, the TEXT OF INDUSTRIAL PROPERTY RIGHT was approved. Said Law revokes all the previous existing Laws in this field.

The law conforms to international conventions on trademarks (standard legislation agreed with W.I.P.O.) and on patents (legislation on the European Patent agreed with the Office in Munich - E.P.O.)

Being a framework law, the specific regulations were delegated to special Regent's decree. On the 1st August 1999 the “Regulation on the arrangements for the Profession of Industrial Property Consultants” came into force.

The filing and subsequent registration of trademarks in the Republic of San Marino has the following advantages:

· Under the terms of a Reciprocity Treaty with Italy, trademarks which have been filed or registered in San Marino can be enforced before the Italian Courts, where violation has taken place, because they constitute valid rights in Italy.

· With respect to the Community Trademark system, a San Marino trademark cannot be opposed or cancelled on the basis of an earlier CTM application or registration. This results from the fact that San Marino is not a member state of the European Union. Therefore dual filing, which Barzanò & Zanardo through its representatives admitted to practice before the San Marino Government Intellectual Property Office may offer at a special price, ensures full protection of your trademark in the European Union as well as in Italy.

· The Use requirement is easier to meet in this diminutive Republic than in Italy. A small shipment of goods to San Marino is generally sufficient to satisfy the needs of the local consumers for some time. Registration in San Marino is quicker to obtain than in Italy.

Barzanò & Zanardo also avails of an exclusive professional agreement with Titan Patent & Trademarks of San Marino, in order to operate directly in the state.

Titan Patent & Trademarks Srl
Via Consiglio dei Sessanta, 99
c/o Centro Direzionale W.T.C. Palazzina "B" IV° Piano
47891 DOGANA (R.S.M.)
Tel (+378) 0549 941105 - Fax (+378) 0549 974161
sanmarino@titanpatent.sm

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