États-Unis d'Amérique
Marques de fabrique ou de commerce
1. Please explain whether a presumption of likelihood of confusion is provided through Italian law in the determination of confusing similarity involving identical marks that are used on identical goods, as required by TRIPS Article 16.1. If so, please identify and explain the legal basis for this presumption.
In pursuance of Article 1.1(a) of Royal Decree No. 929 of 21 June 1942, as replaced by Article 1 of Legislative Decree No. 198 of 19 March 1996, the owner of a registered trademark has the right to prevent third parties not having his consent from using a sign identical with or similar to his own trademark for goods or services which are identical with those in respect of which the trademark was registered. A likelihood of confusion is therefore presumed under the law in such cases as regards the use of a sign conflicting with the registered trademark - which is fully consistent with Article 16.1, second sentence of the TRIPS Agreement.