Last July 2024, a decree innovated the legislation regarding these brands and does not refer only to the so-called “Historical Brands” registered in the specific Register but to all Italian brands of particular national interest and value.
The purpose of the decree is certainly praiseworthy, as it aims to guarantee brands with at least 50 years of registration or continuous use (the same requirements to become historical brands) their protection and to prevent their extinction or sale to foreigners, who would take advantage of the image of Made in Italy.
The implementation of the above, however, appears too demanding, especially because it is aimed at companies already in economic troubles: they are now required to notify the General Direction (GD) of the Minister the project for cessation of the activity, at least 6 months before the actual cessation, reporting “the effects deriving from the cessation, the economic, financial or technical reasons for it, as well as the closing times and the strategies inherent to the trademark at issue, specifying that the same is not or will not be the subject of a transfer for consideration before the cessation of activities. The project must also be accompanied by documentation proving ownership of the trademark or the legitimacy to dispose of it” (art. 2).
The terms are not peremptory nor are sanctions envisaged. However, the GD of the Ministry evaluates in the following three months the presence of the requirements and expresses its interest or otherwise in taking over the registration of the trademark; if the evaluation is positive, it acquires the trademark for free and provides for the recordal of the transfer before the Office at the expense of a specific fund.
Furthermore, the GD of the Ministry can file a request for revocation before the UIBM “in relation to trademarks for which it presumes non-use for at least five years that may be of particular interest and national value” and, once the revocation has been ascertained, “it can file a registration application before UIBM” (see art. 3). The aim is to license them to those who can create industrial continuity.