Trademark registration in San Marino

The trademark office and official links

Trademarks in San Marino are registered by the State Patent and Trademark Office (Ufficio di Stato Brevetti e Marchi) (USBM).

• Trademark office: State Patent and Trademark Office (Ufficio di Stato Brevetti e Marchi) (USBM)
• Law: Industrial Property Consolidation Law (Law No. 79 of 25 May 2005, amended up to 7 February 2014)
• Law: Law No. 114 of 20 July 2005 amending Law No. 79/2005
• Law: Law No. 189 of 5 December 2011 amending Law No. 79/2005
• Law: Regulation No. 5 of 2 July 2007 on the practice of the profession of industrial property attorney

Official fees in San Marino

The office does not publish an up-to-date fee schedule we could verify. Ask firms that cover San Marino for a quote that shows official and professional fees separately — post a request or compare packages.

How to register a trademark in San Marino

1. Prepare the application on the official USBM forms, with the reproduction of the mark and the goods and services grouped by Nice class.
2. File the signed originals with USBM in Borgo Maggiore, directly or through an agent enrolled with USBM, and pay the filing and first-registration fees at filing.
3. USBM checks the application; if the reproduction of the mark or the classes are missing it asks the applicant to complete them, failing which the application is declared inadmissible.
4. The application and later the registration are listed in USBM's bimonthly Gazette, and third parties may file an opposition within the statutory deadline.
5. Renew the registration on expiry, paying the renewal fee for up to three classes plus any additional classes.

Examination, publication and opposition

• Publication: USBM publishes a Gazette every two months listing trademark, patent and design applications and grants.

Filing from abroad

• Local agent: Where an agent is appointed, it must be enrolled in the register of agents kept by USBM (Law 79/2005, Art. 92(6), as amended by Law 114/2005). Whether non-residents must appoint an agent was not confirmed.
• Power of attorney: An agent can be appointed by a letter of appointment (lettera d'incarico) signed by the applicant and countersigned by the agent, valid only for the matter it names; a general power of attorney can also be used (Law 79/2005, Art. 92, as amended by Law 189/2011).

Firms on TrademarksHub that cover San Marino can act as your local agent — see firms.

Madrid Protocol

San Marino is a member of the Madrid System (in force since 2007). You can designate it in an international application filed through your home office, or file a national application directly. A local firm can advise which route is cheaper for your classes and timeline.

Trademark classes

Nice Classification: goods and services must be listed grouped by Nice classes (Law 79/2005, Art. 88 bis, added by Law 189/2011). One application can cover several classes. Not sure which classes you need? See all 45 classes or classes by business type.

How San Marino compares

• Foreign owners: see the rules — rules in every country

Guides: registering in any country · costs by country · Madrid

Good to know in San Marino

• San Marino is a party to both the Madrid Agreement (since 25 September 1960) and the Madrid Protocol (since 12 September 2007).
• Italian trademarks are no longer automatically recognised in San Marino under Article 43 of the 1939 San Marino–Italy Convention; owners of international registrations must pay San Marino's national fees to obtain protection there.
• USBM publishes its Gazette every two months, listing trademark applications and registrations.
• An application must list the goods and services grouped by Nice class; an incomplete application can be completed on USBM's request but is otherwise declared inadmissible.
• Trademark fees are set by Delegated Decree No. 132 of 27 November 2017; under the earlier 2010 schedule the basic filing and renewal fees covered up to three classes, with a charge for each further class.

Questions