It is strongly advisable to search the Register before filing/using
a trademark because the Italian Trademark Office does not assess
the novelty requirement of the applied trademark.
Good searches should cover domestic Applications and Registrations,
International Registrations (Madrid Agreement and protocol), Community
Trademark Applications and Registrations, published applications
filed in the Republic of San Marino, Domain names (either national
ones, i.e.: France, Italy, UK, etc, and top level ones through
N.S.I., .com, .gov, . edu, .net, .org, .biz, .info, ecc.) and
the names on the Italian Registry of Companies.
Court decisions have pinpointed that the lack of preliminary searches
amounts to lack of diligence.
