THE PROTECTION OF THE NAME AND MARKS

THE PROTECTION OF THE NAME AND MARKS

For configuration of the legal regulation of advertising have considerable importance whenever provisions, directly or indirectly, to protect the identifiers of businesses and their products, corporate image, goodwill and customer base. Among these, in the first place, we should mention the articles of the Civil Code which provide for the right of every company to make exclusive use of its trade name and to prevent others to adopt the same or similar name which may bring a situation or confusoria reason of the affinity between the activities carried out by the two companies or in relation to the territorial in which they operate. Article. 13 of the Trade Marks Act provides that every company has altresi exclusive right to use his name as a trademark to distinguish its products or services. The mark, if it is valid and not revoked, can be protected by the undertaking which holds it against the usurpation or imitation by third entrepreneurs have to make it to distinguish products of the same kind or similar products or the associated advertising. Complement the provisions for the protection of the brand artt.473 and 474 of the Penal Code.

[NOTE: This is an automatic translation]