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Pegasos-Italia : Comment 176 of 181 | ANN.lu |
Posted by Raffaele on 09-Nov-2003 00:18 GMT | In reply to Comment 168 (Raffaele): Ohoo... what an useful site...
There I found italian legislation regarding marks (this is strictely related to what I had written about law regarding correct competition into advertising campaign).
It is noteworthy that it is written into plain correct english, take a look at this:
http://oami.eu.int/genhtm/mark/nl_it_1_en.htm
---*QUOTING*---
Trademark Law
(Royal Decree No 929 of 21 June 1942 as last amended by Legislative Decree No 198 of 21 June 1996)
Chapter I
Rights in Trademarks
Art. 1.—1. The rights of the owner of a registered trademark shall consist in the faculty to make exclusive use of the trademark. The owner shall have the right to prohibit third parties who do not have his consent from using:
(a) signs identical to the trademark for goods or services that are identical to those for which the trademark was registered;
(b) signs identical or similar to the registered trademark for goods or services that are identical or similar where the identity or similarity of the signs and the identity or similarity of the goods or services might create a risk of confusion for the public, such risk of confusion including also the risk of association between the two signs;
(c) signs identical or similar to the registered trademark for goods or services that are not similar, where the registered trademark is well known in the State and the use of the sign without just reason would allow undue advantage to be taken of the distinctiveness or notoriety of the trademark or would be detrimental to the latter.
2. In the cases provided for in paragraph 1 the owner of a trademark may, in particular, prohibit third parties from affixing the sign on the goods or their packaging, from offering such goods, placing them on the market or holding them for such purposes, or offering or providing the services distinguished by the sign, from importing or exporting goods distinguished by the sign and from using the sign in commercial correspondence and advertising.
Art. 1bis.—1. The rights in a registered trademark shall not entitle the proprietor to prohibit another person from using in the course of trade:
(a) his own name and address;
(b) references to the kind, quality, quantity, intended purpose, value, geographical origin, time of production of the goods or rendering of the service or other characteristics of the goods or services;
(c) the trademark, where it is necessary to specify the intended purpose of a product or service, in particular as accessories or spare parts;
provided that the use is in accordance with the principles of honest trading and therefore does not have a trademark function, but only a descriptive function.
2. The rights in a registered trademark shall further not entitle the proprietor to prohibit use of the mark for goods put on the market in the European Economic Community under the mark by the proprietor or with his consent.
However, this limitation of the powers of the proprietor shall not apply where there exist legitimate reasons for the proprietor to oppose further marketing of the goods, in particular where their condition is changed or impaired after they have been put on the market.
---*End of Quoting*---
Hope this will be of some more help...
Ciao,
Raffaele |
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List of all comments to this article (continued) |
Comment 177 | Gabriele Favrin | Registered user | 09-Nov-2003 01:59 GMT |
Comment 178 | Raffaele | | 09-Nov-2003 14:30 GMT |
Comment 179 | Gabriele Favrin | Registered user | 10-Nov-2003 13:20 GMT |
Comment 180 | Nate Downes | Registered user | 10-Nov-2003 17:16 GMT |
Comment 181 | Nate Downes | Registered user | 10-Nov-2003 17:19 GMT |
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