The Italian Revenue Agency has cleared that trademark applications qualify for the Italian patent box regardless of whether the application is the object of a pending opposition procedure.

The Italian patent box was introduced in 2015 to provide a tax break, applicable also to foreign companies, on profits from intellectual property rights. This week the Italian Revenue Agency clarified an important point concerning the applicability of patent box rules to trademarks.

According to resolution 81/E of the Italian Revenue Agency, published on 27 September 2016,  Italian patent box rules apply to trademark applications also when an opposition procedure against registration of the trademark is pending.

The resolution makes it clear that in such a case the fact that the trademark has not been registered does not affect the validity of the trademark application for the purposes of admitting the trademark to the patent box tax breaks.

Should the opposition result in a refusal of the application, the trademark will not be considered eligible for the patent box tax break, therefore the holders of trademarks for which the application of patent box rules has been requested must notify the agency promptly of any event that may affect registration of the mark.

Trademarks and know how will be eligible for the Italian patent box only until 31st December 2016.

30 September 2016