perché bisogna registrare il proprio marchio
Tempo di lettura: 2 minuti

Perché bisogna registrare il proprio marchio? Ecco spiegato quando conviene farlo

Fermo restando che anche i marchi non registrati, detti marchi di fatto, sono leciti e idonei a contraddistinguere un’attività di impresa, bisogna rilevare che hanno però una tutela monca rispetto sia ai marchi registrati che a quelli solo depositati.

Cosa si Intende per Marchio di fatto?

Il marchio di fatto è quel marchio che, seppur non registrato, viene utilizzato da un’azienda per contraddistinguersi nel mercato imprenditoriale al fine di commercializzare i propri prodotti o servizi. Tale marchio acquisisce, di fatto una sua capacità distintiva riferita ad un determinato territorio e con riguardo ad una specifica fetta di clientela.
Quindi al tale marchio viene riconosciuta comunque una sua funzione ma i problemi per chi utilizza un marchio di fatto possono, però, ben sorgere qualora vi siano degli abusi o contraffazioni dello stesso o ancora qualora sorgano dei conflitti con riguardo ai diritti di altro marchio sia di fatto che registrato.

Esistono strumenti giuridici a tutela del Marchio di Fatto?

Vero è che anche per il marchio di fatto esistono strumenti giuridici a propria tutela ma è altrettanto vero che il marchio, essendo più debole, potrebbe soccombere in sede giudiziale contro un marchio registrato o anche meramente depositato.
Il titolare del marchio di fatto dovrà depositare in giudizio molte e variegate prove per dimostrare che il suo marchio ha acquisito nel territorio nazionale una certa fama e capacità distintiva tale da non soccombere rispetto ad un analogo o simile marchio registrato.

Si dovranno, ad esempio, produrre in giudizio fatture dalle quali si evince la vendita del proprio prodotto o servizio su tutto il territorio e in data precedente rispetto al deposito della domanda di registrazione del marchio analogo o simile. Tale prova è molto difficile da raggiungere in sede giudiziale.
Inoltre, il marchio di fatto non può contraddistinguere in futuro altre attività, servizi e prodotti diversi da quelli che già rappresenta ed identifica.

Maggiori tutele per il Marchio Registrato

Con la registrazione del marchio si tutela in maniera piena e omnicomprensiva il proprio marchio, evitando che in futuro altri possano ledere i propri diritti sia a livello locale, che nazionale, europeo e mondiale (a seconda della domanda di registrazione).

Pertanto, è sempre opportuno registrare il proprio marchio, anche in considerazione dei costi non elevati e della possibilità di poterlo utilizzare per contraddistinguere attività diverse da quelle attualmente poste in essere.
Per chi vuole creare un’attività imprenditoriale volta alla crescita non può non prendere in considerazione la registrazione del marchio in quanto costituisce l’elemento identificativo della propria attività.

Basti pensare al ruolo centrale che la Brand Identity e la Brand Awareness rivestono in ogni Piano Marketing che si rispetti; se registrato incrementerà sicuramente il valore delle Immobilizzazioni Immateriali – Marchi e Brevetti- ovvero il valore dell’ Attivo dello Stato Patrimoniale.

Ecco il consiglio che il nostro Studio, specializzato in deposito e tutela Marchi, vi offre. Conviene sempre registrare il proprio marchio, per non incorrere in eventuali rivendicazioni di diritti da parte di terzi e per tutelare a pieno l’identità della propria attività.

In in un’ottica di crescita e sviluppo della propria azienda la registrazione del marchio costituisce un importante punto di forza.




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