San Marino is a small country located entirely within Italy, possessing many advantages that promote strong economic development, despite its modest size and low population. Located in the center of Europe, San Marino owns a strategic location, easily connected to major markets such as Italy, France, Germany … help businesses access a large, diverse market and save transportation and logistics costs. Tourism is an important economic sector of San Marino, contributing significantly to GDP. San Marino is famous for its natural landscapes and rich cultural heritage and unique cuisine that attracts visitors from all over the world. In order to attract foreign investment, the government of San Marino promulgates many preferential policies, supporting start-ups and innovations such as granting preferential loans, tax exemptions and reductions. In addition, the tax rate in San Marino is quite low, such as corporate income tax is only about 17% or personal income tax is only 18%. So today there are also quite a few businesses expanding their business scope in San Marino. However, many businesses are not yet interested in protecting their brand from other competitors. Viet An Law would like to guide customers through the preliminary procedures for trademark registration in San Marino through the article below.
Table of contents
Hide
Legal basis
Law No. 114 amends Law No. 79;
Law No. 189 dated December 5, 2011 on Amending Law No. 79/2005 on Industrial Property and Repealing Article 152 of Law No. 165/2005
Definition of trademark in San Marino
A trademark is a mark that a business uses to distinguish its product or service from that of other businesses.
Almost any sign that can be represented by images can be registered as a trademark. Trademarks may include:
Words (word marks)
Combinations of numbers and/or letters (trademark combinations)
Image (trademark image)
Combining images and words (complex marks)
Holographic shapes (three-dimensional marks or shape marks)
Must be visually representable: The trademark must be able to be represented visually. This means that it can be described in a way that is understandable from the image itself.
Unique: The trademark must be unique enough to differentiate your product or service from someone else’s.
Legal: Trademarks must not offend or violate public order or morals.
Types of trademarks that can be registered in San Marino
Word marks: This type of trademark includes only words or phrases. For example, a brand name like “Coca-Cola” or a slogan like “Just Do It.”
Combo trademark: This type of trademark combines words with letters or numbers. For example, the logo includes both the brand name “KFC” and the image of Colonel Sanders.
Image marks: This type of trademark is based solely on the image or logo. For example, the Apple logo or the Nike swoosh logo.
Compound marks: This type of trademark combines both words/phrases and images into a single brand. For example, the Lacoste logo features both a crocodile image and the brand name “Lacoste”.
Holographic mark: This type of trademark protects the shape of the product, not just the packaging or logo. For example, the characteristic shape of a Coca-Cola bottle can be a three-dimensional brand.
Trademark filings in San Marino
Applicant Information:
Applicant name and address: The legal name and full contact information of the applicant, including phone number and email.
Type of applicant: Indicates whether the applicant is an individual, company, or other legal entity. (Examples: Sole Proprietorship, Partnership, etc.)
Trademark Information:
Images that represent trademarks: These can be image files (JPEG, PNG) or a clear and detailed description of the trademark (lettering, logo, design, etc.).
Group of goods and services: A clear and specific list of the goods or services the applicant intends to use the trademark. Applicants can use the International Classification of Goods and Services (also called the Nice Classification for goods and the Vienna Classification for services) for ease of reference. These classification systems classify products and services, making it easier for the Trademark Office to review an applicant’s application.
After having all the information, the applicant needs to fill out the trademark registration form
Statement of Use (Optional): If the applicant has already begun using the trademark in San Marino, the applicant may submit a statement of use with evidence (e.g., product packaging, marketing materials) to potentially expedite the registration process.
Authorization (Optional): If the applicant files through an attorney or intellectual property representative, the applicant needs to provide Authorization to file on the applicant’s behalf.
How to file for trademark registration in San Marino
To file for trademark protection in San Marino, you can file using the following filing methods:
Direct submission: Customers can go directly to the Economic Office of the National Intellectual Property Office at Via 28 Luglio, 212 47893 Borgo Maggiore Republic of San Marino to submit the application and related documents.
By Post: You can send your application and all required documents via postal or courier service to the Economic Agency of the National Intellectual Property Office at Via 28 Luglio, 212 47893 Borgo Maggiore Republic of San Marino.
Customers can apply for trademark registration via the link below:
Registration of trademark protection in San Marino through the Madrid System
The Madrid system is a convenient and cost-effective San Marino league for global trademark registration and management. File a single international trademark application and pay a one-time fee to apply for protection in up to 130 countries. Claimants can modify, renew or expand their global trademark portfolio through a centralized system.
Madrid Agreement:
The Madrid Agreement allows trademark owners to register their trademarks in a single member state (“country of origin”) and then extend protection to other member states (“nominating countries”) through a single international application.
Madrid Protocol:
San Marino accessed the Madrid Protocol on 12 September 2007.
The Madrid Protocol modernizes and simplifies the international registration system of trademarks established under the Madrid Agreement.
The Madrid Protocol allows trademark owners to designate additional member states to an international application already filed under the Madrid Agreement or Madrid Protocol.
Trademark registration dossier under the Madrid System
The Madrid Singles consist of the Madrid Singles of Vietnamese origin and the Madrid Applications with the designation of San Marino.
For the Madrid Application of Vietnamese origin, the applicant must submit through the state management agency for industrial property rights, i.e. the National Office of Intellectual Property of Vietnam. According to Article 25 of Decree 65/2023/ND-CP, a Madrid application of Vietnamese origin includes the following documents:
Declaration of request for international registration of a trademark of Vietnamese origin (Form No. 01 in Vietnamese in Appendix II of Decree 65/2023/ND-CP);
02 MM2 declarations according to the form of the International Office in English or San Marino;
02 trademark samples exactly as the trademark in the application filed in Vietnam (establishment application) or trademark registration certificate (establishment registration);
02 MM18 declarations in English (if the application has a US designation);
Written authorization in Vietnamese (According to the form of Viet An Law Firm);
Documents of payment of fees for international registration of trademarks of Vietnamese origin;
Other relevant documents (if necessary).
Application fees through the Madrid System
The fees include:
Basic fee (653 Swiss francs; or 903 Swiss francs for a color mark) (Note! A 90% discount applies if the applicant lodges an application with the Intellectual Property Office of a developing country at least); and
Additional fees depend on where the claimant wishes to protect his trademark and the number of groups of goods and services he or she wishes to register. In order to expand its geographic reach, or modify or renew its international registration, the applicant will have to pay additional fees.
Trademark registration service in San Marino of Viet An Law Firm
Perform the search and notify customers in writing the results of the trademark search in San Marino;
Draft documents and file and monitor the status of trademark filings in San Marino on behalf of trademark owners;
Inform, advise and handle deficiencies/refusals of competent State agencies (if any) in the process of monitoring trademark applications in San Marino;
Support follow-up, representative resolution of objections and feedback with intellectual property representatives performing procedures in San Marino.
Receive dispatches, certificates and hand over to customers (if any).
If you need to file a trademark application in San Marino, please contact Viet An Law for the most effective support
The Cook Islands are located in a vast exclusive economic zone, covering an area of less than 2 million square kilometers, 100 times the land area. The Cook Islands are…
Saint Vincent and the Grenadines (SVG) is a small island nation in the Caribbean, possessing many potential advantages for economic development. Located on important sea and air routes, connecting with…
Senegal is a country with many advantages in fields to be able to develop business brands. Senegal has a developed agriculture with many high-quality agricultural products such as coffee, cocoa,…
Rwanda has emerged as a rapidly growing African country in recent years, attracting the attention of the international community. After the devastating genocide of 1994, Rwanda made efforts to build…
Paraguay is centrally located in South America, bordering Argentina, Brazil and Bolivia. This location gives Paraguay easy access to major markets in the region and participation in global value chains.…
