I am the president of an association and it is my intention producing a small journal to be distributed to the public. I would like to protect the name of it so that nobody could copy it. How can I do this?

The law automatically protects the name of a newspaper by the copyright, without the need of doing anything in particular, as the art. 100 provides that “the name of a newspaper, magazines or other periodical publications cannot be reproduced for other work of the same kind or character, unless two years have passed from the ceasing of publication of the newspaper”. However, this rule foresees the protection restricting it to the use of the name in works of the same class, therefore it could be used for headings of a different type or products, such as workbooks, diaries, or stationery items, which even though they are similar, could not be defined of the same type as a newspaper. Consequently, if you want to use the name of the small journal also for other purposes and you want to prevent others using it, then it is advisable to deposit the name as a trademark, at least for the product as indicated in class 16, or rather for all those objects of the “paper” type, from newspapers to stationery articles. In this way you could avoid third parties using that name for any type of newspaper, regardless of the contents of it and even after the eventual ceasing of publication of the original paper. The regulation of the marks, in fact, allows the requestor to exercise considerable rights and exploiting the mark even for other purposes, such as promoting it on the market if one wants to.