Could I use a trademark registered for certain products also for different products?
The product/services classes, for which the mark will be used, must be indicated at the time of applying for it, and protection will be granted only for them. A simple “integration” is not sufficient to extend the range of the mark, but a new application must be filed, depicting the trademark already registered, and detailing the new classes of products/services for which it will be used.
The new application, this is optional, could be presented with validity only in Italy or in the community and the only difference will be the classification of the mark and the cost of the file, whilst the rest remains the same. This means that, by changing the classes of the products, no claim could be made on the Italian priority by backdating the application of the community trademark to the time when the first filing in Italy was made, so if in the meantime some other businessman has registered a similar trademark, we could not proceed with the registration in such a class. If this was the case we could neither use the mark for the requested class nor prevent others using it for different products.