– Law No. 64 of June 24, 1997, on Patents, Trademarks, Utility Models and Designs.
– Decree No. 74 of June 29, 1999.
– Law No. 79 of May 25, 2005, as amended by Law No. 114 of July 20, 2005.
– Council Decree Law No. 217 of December 23, 2014.

– Paris Convention for the Protection of Industrial Property, Stockholm Act, since March 4, 1960.
– Madrid Agreement Concerning the International Registration of Marks, since September 25, 1960.
– Madrid Agreement for the Repression of False or Deceptive Indications of Source on Goods, Stockholm Act, since September 25, 1960.
– Convention Establishing the World Intellectual Property Organization (WIPO), since June 26, 1991.
– The Hague Convention Abolishing the Requirement of Legalization for Foreign Public Documents (Apostille), since February 13, 1995.
– Protocol Relating to the Madrid Agreement Concerning the International Registration of Marks, since September 12, 2007.

Applicant: any individual, firm, company, including holding companies and investment trusts.

Collective marks: registrable by persons fulfilling the function of guaranteeing the origin, nature or the quality of goods or services.

Service marks: registrable.

Exceptions to protection: (1) signs contrary to law, public order, or morality; (2) signs not apt to distinguish the goods or services of an enterprise; (3) deceptive signs, particularly as regards geographical origin, nature and features of the goods or services; (4) signs comprising emblems and escutcheons of public interest or referred to in international conventions in force, unless authorization by the relevant authority is submitted; (5) marks which are the generic names of goods, or services, or descriptive indications of the goods, or services; (6) marks exclusively consisting of a shape which results from the nature of the goods, or is necessary to obtain a technical result, or attributes substantial value to the goods; (7) signs that are not novel, that are identical with or similar to another trademark or service mark registered for similar goods and/or services, or identicalwith or similar to a trademark or service mark enjoying reputation or distinctive character; (8) signs the use of which would constitute infringement of copyright, industrial property rights, or other exclusive rights of third parties.

Family names: registrable, provided that use does not prejudice the reputation of the person. However, the Trademark Office may subject registration to submission of a declaration of consent by the person whose name is being used; consent is compulsory in case of famous persons.

Portraits of a person: registrable only upon consent of the portrayed person.

Definition: any sign or combination of signs capable of being graphically represented, and to distinguish the goods and services of an enterprise from those of other enterprises.

Well-known marks: if the registered trademark enjoys reputation in the Republic of San Marino, the holder is entitled to prevent others from using the identical or similar sign for goods or services that are not similar, provided use of the sign involves undue advantage with respect to the distinctive character or the reputation of the trademark, or causes prejudice to the holder of the earlier trademark.

Filing requirements: 1 .jpg specimen of the mark.

For a change of name or address: scanned copy of the document attesting the change. Legalization is not required.

Examination procedure: examination relates to absolute bar to registrability.

Observations: third parties may submit observations within four months from the date of publication of the application. Observations to be submitted in writing, giving the grounds therefor. They will be attached to the file of the applications and communicated to the applicant, who may submit his refutation.

Opposition: to be submitted in writing, giving the grounds therefor, within three months from publication.

Disclaimers: not available.  

Letters of consent: are not accepted. 

Registration: is published in the Official Bulletin.

Delivery of document: the trademark registration certificate is issued in paper format.

Prior user: in case of prior use which does not involve general notoriety or involves purely local notoriety, third parties that are prior users may continue to use the mark also in advertising within the limits of the prior local diffusion notwithstanding the later grant of the registration for the same or a confusingly similar trademark.

Duration – renewals: ten years from the filing date of the application, renewable for subsequent ten-year terms.

Exhaustion of rights: trademarks may not be enforced with respect to products marketed in the Republic of San Marino by the holder of the registered mark or with his consent.

Use: the mark may become open to cancellation in case of non-use during five consecutive years.

Enforcement of rights: in case of an Italian trademark or service mark registration, enforcement may also be implemented in San Marino. In case the holder owns both a trademark or service mark registration in Italy and San Marino, infringements in San Marino must be pursued on the basis of the local registration rather than the Italian one.