The historic trademark

The so-called “historic trademark” registration system was introduced by the Italian Decree No. 34/2019, converted into Law No. 58/2019. Article 11 ter of the Italian Intellectual Property Code (IPC) was thus introduced, setting out the requirements for the historic trademark.

This IP title may be requested by owners (or exclusive licensees) of trademarks that have been registered for at least fifty years or for which it is possible to demonstrate continuous use for at least fifty years, used for products or services produced by an “high standard” Italian company that is historically linked to the national territory.

If the trademark meets these requirements, it may be entered in the register of historic trademarks of national interest referred to in Article 185-bis of the Italian Industrial Property Code.

Registration also allows the trademark’s owner to use, close to the trademark itself, the official logo of the “Historic Trademark of National Interest” for commercial and promotional purposes, but only with exclusive reference to the products and services related to the registered trademark.

This logo, therefore, simply acts as official certification of “historicity.” It should therefore be understood as a sort of commercial enforcement of the brand’s reputation, aimed to help the owner to demonstrate its notoriety in order to obtain stronger protection.

Registration can be requested by submitting an application to the Italian Patent and Trademark Office (UIBM) through the online form.

Once the application has been received, the Office will verify the conditions for registration (i.e., that the trademark has been registered for at least fifty years and renewed continuously over time or, in the case of an unregistered trademark, that there has been effective and continuous use during the same period) within a maximum of 60 days for registered trademarks and 180 days for unregistered trademarks.

At the moment, the special register has 1075 total applications and only 82 of them have been rejected. These numbers suggest that Italian companies appreciate the news.

An interesting aspect is that, once the right has been granted, access to the register is unlimited and does not require renewal.

With Law No. 206 of December 27, 2023 the issue has been further enriched with an additional provision that gives protection to trademarks of particular interest and national value.

If the owner or licensee of a trademark that has been registered or used continuously for at least fifty years expresses the desire to permanently cease its activities, the Ministry of Enterprise and Made in Italy may take over ownership of the trademark.

This possibility is granted in order to protect trademarks of particular interest and national value, preventing their extinction and ensuring their continuity over time. In order to inform potentially interested economic operators of the availability of these trademarks, the Ministry publishes a list of the trademarks it has acquired on its website. Any company, whether Italian or foreign, interested in using one or more trademarks owned by the Ministry must submit a formal request to UMASI, explaining the relaunch project.

At the moment, there are only two trademarks owned by the Ministry of Made in Italy: “Innocenti” (application no. 302023000141171) and “Autobianchi” (application no. 302023000141189). It has also been announced on August 6, 2025 that an interest in these trademarks was submitted.

The latest development of the matter was submitted on March 5, 2025 when the international English-language version “Italian Historical Trademark“ was presented. Companies registered in the Special Register of Historic Trademarks of National Interest will now be able to supplement the “Historic Trademark” recognition with the English version, thus certifying the originality of their products abroad as well.

The international English-language version of the “Historic Trademark of National Interest” will certainly contribute to promoting the internationalization of Italian companies and fighting the counterfeiting of Italian products as well as the phenomenon of Italian sounding, as it will make it possible to spread information about the registration of the trademark in the special register also outside Italy.

Of course, behind the apparent opportunities for protection and safeguarding that these titles give on trademarks, there are also significant legal issues, such as the possibility of (illegally) avoiding revocation due to non-use or problems of deceptiveness.