"Made in Italy" as a collective National Trademark

Recently Italian manufacturers have been talking about the creation of a "Made in Italy" brand, which would ensure the Italian character of the production process, based national on raw materials.

The draft of a "Voluntary Conformity Certification of Italian Origin and Specialities” is ambitious and it aims to increase the attractive power of Italy’s national supply chain, as a brand system that enhances products, production and domestic supply of goods and services.

The initiative has been put forward by Conflavoro, who has entered into an agreement with the worldwide agency for certifications Lloyd's Register, which has the power to issue certifications. The protection and certification mechanism is subject to a double control: one of an Internal Supervisory Body, set up by Conflavoro and the other is a Scientific and Technical Committee for the Address and the Development of Single National Brand, compose of external  experts in the field of world business, universities and consumer associations.

In particular, the food market seems the most interested in this project. Indeed, the single brand would be affixed on food products’ packaging and would ensure not only protection against counterfeiting system, but also a response to the increasingly stringent demands of consumers in terms of quality and safety of food and beverage.

Thus, the "Made in Italy" would become a sign of authenticity and traceability of Italian products and, if possible, also a symbol of innovation that coordinates taste and genuineness.

A not so kind… Kinder

The Italian Trademark Office recently rejected an opposition filed by Ferrero, owner of the  world know Kinder trademark against an individual who registered the trademark “Kind Milk” in class 29 (milk and it’s derivatives).

Ferrero immediately filed an opposition in front of the UIBM claiming risk of confusion with several registered trademarks owned by the Italian food company, namely “Kinder”, “Kinder Milkosa” and “Kinder Milk Snack Point” as these trademarks are registered in classes 30 and 29 claiming a likeliness of confusion under art. 12 of the Italian Intellectual Property code (CPI).

According to the trademark office the goods covered by the conflicting signs were considered to be identical solely on the basis of what is specified in their applications for registration in the "milk and milk products" and for goods in Class 30 (pastry, confectionery and ice cream) but an alleged similarities between the signs do not exist and there is no risk of confusion among consumers and that the opposition should be rejected totally. 

Consequently, the application for registration of the mark was upheld.