The continuing process of harmonization of the European countries is not only influencing the decisions of the Italian Government which are much in debate lately, but also the world of trademarks.

In fact, the Italian Patent and Trademark Office, in harmonization with the other countries of the European Union, has now confirmed that the heading of the class will be interpreted literally unless it is expressly declared that protection is intended to cover all the goods/services of the specific class. This follows the recent judgment of the Court of Justice of the European Union (decision of 19/06/2012, lawsuit C-307/10, case IP TRANSLATOR) with which the Court has established that at the time of the filing of a mark it is necessary to indicate “with sufficient clarity and precision” the goods and/or services for which protection is sought.

In fact, to date it has been Italian standard practice to indicate only the general heading of the class. However, the broadness and the insufficient definition of some headings has given rise to the doubt of whether the designation of the general heading includes also those goods/services not specifically indicated. This new interpretation confirms yet again the delicacy of a correct definition of the claim of the goods/services of a mark, fundamental in determining the scope of protection of the same mark.

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