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Porta, Checcacci & Associati
Porta, Checcacci & Associati

Porta, Checcacci & Associati S.p.A., in short PCA, is an Italian IP firm focusing on the practice of Intellectual Property. Founded in 1991 and based in Milan, PCA has been offering technical-legal advice for many years to national and international customers for a better exploitation and a more effective protection of exclusive rights in the field of patents, designs, copyrights, trademarks, domain names, licenses, or a combination thereof.

News

CANADA
09/01/2019

In Canada, a mark consisting of the first and last name could be refused protection if the examiner tracked more than 25 occurrences in the Canadian telephone directory. A recent change is likely to widen the possibility of rejecting the demand for brands consisting of the name and surname, because formally the limit of the 25 listings has been abolished and the trademark must not recall the name of "a living or deceased person in the previous thirty years ". It seems that the Examiners, however, will continue to evaluate whether the surname is widespread or not, to understand if local consumers can consider it a mere name and surname or a distinctive sign. We are expecting an increase in protection waste for this type of brand. 

Brexit - UE Trademarks and Design
21/12/2018

It is not yet certain whether UK will reach an agreement with EU on Brexit, so two scenarios are currently offered:

Draft Agreement with the EU: EU Trademark and Design Registrations, including those deriving from the WIPO / Hague International Systems, will remain effective throughout the UK. NOT the pending applications to March 29, 2019, so it is appropriate to make a fresh filing or a territorial extension to UK.

No agreement with the EU: The EU Trademarks and Design registrations, EXCLUDING those deriving from the International Wipo / Hague systems, will remain effective throughout the UK. NOT the pending applications as of March 29, 2019 and the extensions to the UE deriving from Wipo / Hague: a 9 month period has been proposed within which they can be deposited in the UK maintaining priority and seniority, for a fee. Also in this case it is appropriate to make a fresh filing or territorial extension to UK.