ITALY: Ministry of Enterprises to Take Ownership of Trademarks of Special Interest and National Value

Italy is the home of fashion, food, art, and craftsmanship. Since 2019, owners or exclusive licensees of registered trademarks historically linked to Italy, or for which a continuous use for at least 50 years can be proved, can register their “historical” trademarks in a Register held by the Italian Patent and Trademark Office. With unlimited duration, this registration allows the applicant to use the MARCHIO STORICO logo below for commercial/promotional purposes along with the historical trademark.

To further ensure the protection of historical goods made in Italy, the government issued Law No. 206/2023 on December 27, 2023, to introduce the possibility of the Ministry of Enterprises and Made in Italy (MIMIT) taking over ownership of “trademarks of special interest and national value” (Art. 7).

The MIMIT’s decrees of July 3 and October 28, 2024, brought this provision into operation. The latter was published in Official Gazette No. 260 on November 6, 2024, and finally took effect as of December 2, 2024. The decree does not expressly state that the provision applies to the historical trademarks listed in the above Register, yet the definition of “trademarks of special interest and national value” appears very similar.

Therefore, from that date onward, companies that hold a “trademark of special interest and national value,” and which intend to permanently cease their business, must notify MIMIT’s Directorate General for Industrial Policy, Industrial Conversion and Crisis and Innovation (DGIND) and submit an operational plan with all relevant details at least six months before.

The DGIND will assess the relevance of the trademark within three months, and, if it shows an interest in taking it over, the company shall transfer it to MIMIT free of charge within the following two months.

In the case of a “trademark of special interest and national value” that has not been used for at least five years, MIMIT can also file a non-use cancellation action and, if successful, register it in its name.

MIMIT can license trademarks it takes over or registers for free to national or foreign companies wishing to invest in a productive activity in Italy.

Although every effort has been made to verify the accuracy of this article, readers are urged to check independently on matters of specific concern or interest. Law & Practice updates are published without comment from INTA except where it has taken an official position.

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