The current trademark regulations in San Marino are mainly based on the Industrial Property Law No. 79 of May 25, 2005. The San Marino Patent and Trademark Office is responsible for managing trademark affairs and the official language is Italian. Trademark exclusive rights need to be obtained through registration. Trademark registration is not mandatory, but in order to better protect the trademark or renew it, it must be registered in accordance with the law. San Marino trademark registration follows the principle of "application first", but in some cases, trademark rights can also be claimed based on "prior use". San Marino is a party to international intellectual property treaties such as the Nairobi Treaty, the Paris Convention, the Convention Establishing the World Intellectual Property Organization, and the Vienna Agreement. As a member of both the Madrid Agreement and the Madrid Protocol, trademark registration can be processed through "single country registration" or "Madrid International Registration".
The San Marino trademark is valid for 10 years after registration, starting from the date of application; Renewal can be processed within 12 months before the expiration date, with a grace period of 6 months; The renewal is valid for 10 years. The revocation application after trademark registration can generally be filed with the court in accordance with the provisions of the San Marino Industrial Property Law. The reasons for revocation are: 1. The trademark becomes a generic name; 2. Deceiving the public; 3. Violating relevant laws or social ethics; 4. Without justifiable reasons, the trademark has not been actually used in the country for five consecutive years after registration.
At present, the San Marino Patent and Trademark Office adopts the Nice Classification 11th edition for the description of goods and services and accepts applications for multiple categories in one form. The elements that can be registered as trademarks in San Marino include: text, names, letters, numbers, graphics, color combinations, etc. Natural or legal persons who do not have a domicile, main place of business, or a genuine and valid business enterprise in San Marino must entrust a specialized agent in that country to handle the matter. The basic materials required for trademark application are: 1. Trademark design; 2. Category and specific product items; 3. Name and address of the applicant; 4. Power of attorney; 5.If priority is declared, proof of priority and an Italian translation must be provided. The main process for applying for registration of a San Marino trademark is: application - examination - announcement - approval and issuance of certificates. The application will be accepted within about 2 weeks after submission. The examiner will conduct formal and substantive examinations on the application. Formal review mainly examines whether the application requirements and classification information comply with regulations; The substantive examination includes the examination of the distinctiveness of the trademark and whether it violates the prohibition and prohibition clauses. If the examination fails, a rejection notice will be issued and the applicant will be required to respond within the time limit specified in the rejection notice. If the substantive examination passes, it will be arranged for public announcement. At present, the objection procedure has not been officially implemented. If everything goes smoothly, trademark registration in San Marino takes about 18 months; If the situation does not go smoothly and there is rejection or objection, the time will be extended.
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