Subentro del governo nella titolarità di marchi storici di interesse nazionale


In the summer of 2024, various media outlets reported the Italian government's intention to acquire the historic automotive brands INNOCENTI and AUTOBIANCHI, currently owned by Stellantis, with plans to transfer them to Chinese entities seeking entry into the European market. The Ministry of Enterprises and Made in Italy had previously registered two similar trademarks in 2023, with formal registration completed by March 2024. Stellantis's response to these developments remains undisclosed. Additionally, in 2023, the Ministry attempted to register the historic DE TOMASO brand but faced immediate opposition from DE TOMASO AUTOMOBILI LIMITED, which invoked prior trademark rights under the Industrial Property Code. This dispute is still ongoing, leaving the final decision uncertain. As the situation unfolds, it is crucial to understand the criteria for registering a trademark as a national historical brand and the government's potential role in acquiring such trademarks. Brands that have been registered for at least 50 years or have demonstrated continuous use for the same duration, linked to a national production enterprise, can apply for registration as national historical trademarks. Once registered, these trademarks enjoy unlimited duration unless voluntarily canceled by the owner. On July 3, 2024, the Ministry enacted a decree outlining the procedures for acquiring ownership of national historical trademarks, ensuring their protection and continuity. Companies intending to cease operations must notify the relevant authorities six months prior, detailing their cessation plans. The Directorate General for Industrial Policy will then assess the situation, indicating whether it intends to assume ownership of the trademark. If so, the company must transfer the trademark to the Ministry at no cost. Furthermore, the Directorate General can request the cancellation of trademarks that have not been used for five years, allowing for potential new registrations. Companies looking to invest in Italy or relocate operations may apply to utilize these trademarks, with the Ministry evaluating requests based on investment impact and job creation. Ultimately, the Ministry aims to clarify and streamline the process of acquiring national brands, addressing past challenges with brands like Autobianchi, Innocenti, and De Tomaso.



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Read the full article on the original webpage:  https://aicipi.it/2025/01/22/subentro-del-governo-nella-titolarita-di-marchi-storici-di-interesse-nazionale/

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