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In matters of industrial property, the Board of Appeal of the Italian Patent and Trademark Office (IPTO), provided for in Art. 135 of Legislative Decree No. 30 of 2005, is a body with special exclusive jurisdiction over the merits of a case; this jurisdiction covers all dealings between applicants and the IPTO that arise from the latter’s administrative activity. Its work does not involve reviewing the legitimacy of acts against which appeals are brought, but takes the form of examining the merits of the claims, in terms of subjective rights, that have not been allowed by the IPTO.
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In trade mark matters, a business is entitled to register even an advertising slogan, but the expression containing the promotional message must fulfil the distinguishing purpose of a trade mark, that is to say it must be capable of distinguishing the goods or services offered by that business.
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Notes
Translator’s note: The date given in the original text “26 February 2008” is incorrect. The correct date is 26 February 2009. We have amended the translation accordingly.
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Translated from the Italian by Gwyneth Little. The headnotes are based on the official wording of the Court.
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Hulka S.r.L. v. Italy’s Ministry of Economic Development and Directorate-General for the fight against counterfeiting – the Italian Patent and Trademark Office (IPTO) Legislative Decree No. 30, Arts. 7, 13, 135; Constitution, Art. 111. “Hulka”. IIC 54, 1146–1156 (2023). https://doi.org/10.1007/s40319-023-01361-4
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DOI: https://doi.org/10.1007/s40319-023-01361-4