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Have distinctive skills: it cannot be limited to words that clarify only the type of activity carried out or product;

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Be lawful: it cannot be contrary to public order and must not violate the provisions of the law.

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Different trademark protection systems can be distinguished:

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International trademarks, administered by the World Intellectual Property Organization (WIPO), confer protection in different countries through the Madrid Convention and its Additional Protocol [6];

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European Union trademarks, which have general effect in all EU Countries, which do not replace national trademark systems but constitute a parallel and additional legal framework in the territory of the EU Member States [7];

−

National trademarks, registered by the Intellectual Property Offices of the Member States (Ufficio Italiano Brevetti e Marchi—UIBM, for Italy) based on a harmonized system at EU level [7].

2. Trademarks in Europe

Trademarks represent all those signs which are suitable to distinguish the goods or services of a company from those of other enterprises ^[1]. They could be considered as a tool for guaranteeing and recognizing the quality of a company and allowing consumers to differentiate the products/services from others on the market ^[2]. Brands play a vital role for the consumers, representing the possibility of creating a bond of relationship and trust, through repeated consumption, between the consumer and the company that owns the brand ^[3]. Indeed, this link between the consumer and brand can influence the company performance holding the brand ^[1][3][4], and in this regard, the concept of “brand equity” was born, that is, the added value that a particular brand gives to the products/services of a company ^[5]. Therefore, the representation of goods/services through brands acts as a differential element that helps the consumer’s decision-making based on personal experiences. Therefore, all those brands that present and confer high brand equity can allow for better profit margins, consequently improving communication with the consumer and therefore playing a significant role in the consumer’s choices and increasing the credibility of the company associated with that brand ^[6]. Furthermore, brands with high brand equity can present improved future profits, induce customers to pay higher prices, and increase brand visibility in the market. Therefore, brands are strategically important because they allow companies to communicate their value to the consumer and become a benchmark within their industry. It is possible to distinguish between quality marks (QMs) and historical marks (HMs) in this context. The former is used to certify the value of raw materials and production and processing methods of certain products ^[7]. The importance of QMs refers to the protection of the consumer, who is more aware of the product’s characteristics, and the producer, who sees his work recognized through an official certification. In contrast, the latter is used to recognize the protection of products or services made by a productive national enterprise of excellence historically linked to a specific territory ^[8]. In this way, products acquire added value compared to conventional ones, entering a different market niche characterized by quality and higher prices. The strategic importance of HMs concerns being a lever for a Country’s competitiveness and internationalization.

2. Trademarks in Europe

Regulation (EU) 2424/2015 ^[9] and Directive (EU) 2436/2015 ^[10] constitute the “Trademark Package”. These are the two parts of reference legislation aimed at harmonizing the Member States’ trademark laws with each other, but also to make the national laws and that part of European regulation that directly controls the “European Union trademark”, that is, the industrial property title issued by the European Intellectual Property Office (EUIPO) that is in effect in all Member States. In Europe, the number of trademarks registered in 2021 was approximately 15 million ^[11].

Figure 1 shows the trademarks registered in the EU divided according to the Nice Classification ^[12][13], which divides them into product and service marks.

Figure 13. Number of produce and service brands in Europe in 2021^[12].

The most widely registered product brands are in the agri-food sector (11.5 million), scientific instruments (2.5 million), paper and cardboard (1.7 million), clothing (1.6 million), pharmaceuticals (1.4 million) and cosmetics (1.1 million) ^[12].

2.1. Quality Marks in the EU

Table 1, are different not only in terms of function but also in some more formal aspects. EU quality policy aims to protect the names of specific products in promoting their unique characteristics related to geographical origin and traditional skills. Therefore, QMs are tools for recognizing the added value of a specific product in terms of its origin and-or production methods, generally linked to a local tradition or territoriality ^[14][15]. In the EU, QMs have been defined in the first instance by Directive 2006/123/EC ^[16] as those marks whose function is to certify whether the product/service on which the brand is affixed has specific quality characteristics and/or follows certain ethical, environmental, etc. standards. Therefore, this brand indicates that the good or service has achieved specific quality standards set by the certifying body.

Table 1. Differences between individual, collective and certification marks.

A quality mark must be a sign capable of being represented in the EU trademark register, as well as indicated in a clear way and its application must concern the products and services certified by the trademark owner ^[17][18].

−

It must be a sign likely to be represented in the EU trademark register. In addition, such a sign should distinguish goods and services that are certified from others that are not.

−

When submitting a QM application, the type of mark for which the application is made should be indicated very clearly.

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The QM application must relate to the goods and services certified by the trademark owner.

−

It must include the regulations for using the QM for which the application is made.

3. Trademarks in Italy

Italy ranks among the top three European Countries with the highest number of registered trademarks ^[11]. The product trademarks most frequently represented are those relating to clothing, scientific instruments, and foodstuffs.

3.1. Quality Trademarks in Italy

To obtain the registration of a collective trademark, whether European or Italian, it is necessary to file a regulation, which standardizes the conditions of membership in the association, the conditions of use of the trademark and certain limitations on the trademark users, such as the location of the trademark, the size, the advertising methods, and more ^[19]. In Italy, the certification mark, in which QMs fall, is regulated in Art. 11 bis Codice Proprietà Industriale (CDI), introduced by Legislative Decree 15/2019 ^[20], in which the owner of the mark, or the certifying entity, decides whether the products/services of a company can use the mark. To harmonize the QMs registration procedure in Italy, in addition to the application for registration of the trademark, a form must also be submitted describing, in detail, the characteristics of this brand ^[21][22] (

The use regulation constitutes the essence of the QM.

Table 2).

shows the mandatory contents that QM “regulations use” must have (17 of Implementing Regulation (EU) 2018/626) [26]. The EU Regulations define that QMs must be filed within two months of application and contain:

Table 2. Quality Marks Characteristic Sheet ^[21][22]

Mandatory information to be reported in the regulation of the use of quality marks in the EU [20,26].

Mandatory Information	Description
Name of the applicant	The applicant’s name must be the same as that in the application for the trademark registration
The declaration that the applicant does not carry out any activity involving the supply of products or services that must be certified with the QM.	The following particulars shall be given: “I hereby declare that I am not carrying out any activity involving the supply of [products] [services] [products and services] subject to certification”. “[Name of applicant] declares that it fulfils the conditions laid down in Article 83(2) of Regulation (EU) 2017/1001 of the European Parliament and of the Council of June 14 2017, on the European Union trademark.”
Representation of QM	The representation of the mark must be the same as that shown in the application.
The products or services covered by the QM.	The list of goods and/or services is the same as that provided in the application, referring to the EU community application number.
The characteristics of the products or services to be QM certified (like the material, the manufacturing process of the products or the provision of services, quality or precision).	The description of the characteristics of the applicant is certifying can be provided using general terms, without indicating in detail all aspects and all technical specifications. The characteristics must be specified and explained clearly, being necessary to allow the target public to understand them clearly and precisely: − Suppose the specification concerns a series of products and services, with different characteristics to be certified, depending on the individual products/services category. In that case, the characteristics to be certified must be specified for each of the different types of products. − About services, their characteristics must be specified for each of the different types of services and not the characteristics of the service providers.
The conditions of use of the EU certification mark, including penalties.	− It is necessary to include the specific conditions of use imposed on the authorized user: that the mark must be used as an EU certification mark; if there are taxes to be paid in connection with the use of the trademark; etc. − The use and conditions of use must refer to the representation of the required sign. − It is mandatory to specify the appropriate penalties if the conditions of use are not respected.
Persons authorized to use the QM.	− A clear indication of who has the right to use the trademark − If the applicant intends to list the authorized QM users, it may utilize a link to a website, allowing them to be systematically updated without the need to amend this regulation. − Persons authorized to use QMs must be referred to as “authorized users”. The latter do not have the right to transfer or license the use of the QM to third parties.
The procedures for verifying the characteristics and monitoring the use of the QMs by the certification body.	− It is necessary to specify the verification procedures adopted and the surveillance system used by the applicant/holder of the MFF to ensure that the goods and-or services covered by the trademark possess the certified characteristics. − The applicant does not necessarily have to carry out the checks. − The verification of the goods and services covered by the trademark and the monitoring of the conditions of use may be limited to random or random checks and should not be extended to all certified products or users.

Mandatory Information	Description
Member companies (optional)
	It may indicate the number of undertakings belonging to a specific date.

In Italy, there are 81 quality brands; mainly, these trademarks refer to the application by products/services of quality standards (64%). In addition to the concept of quality, these brands are applied to respect and safeguard the environment (48%), promote local products (41%), adhere to conduct codes (19%), safeguard safety and human health (16%) and others (11%) ^[23]. Often, these brands are characterized by the possibility of dealing with several aspects at once (Figure 2).

Figure 2. Number of brands according to the mandatory characteristics to be reported in the submission form for registration of quality marks ^[23].

Of these brands, 17% are applied nationally, while the remainder are applied on a territorial level with specific reference to a specific territory or province.

3.2. Historical Trademarks in Italy

In 2019, Italy adopted Legislative Decree N. 30/2019 (also called “Decreto Crescita”) ^[19] to strengthen the protection of Italian brands, promoting the quality and historicity of their productions by establishing the concept of the historical mark. It has been provided that the owners or exclusive licensees of respective trademarks registered for at least fifty years or for which it is possible to demonstrate the continuous use for at least fifty years, used for the commercialization of products/services made in a productive national enterprise, can obtain the registration of the trademark in the register of historical trademarks of national interest. The Decreto Crescita is to support Italian industry by limiting the delocalization of production abroad and thus promote “Made in Italy”, protecting the economic and social fabric that revolves around Italian companies and to fight “Italian Sounding”. The protection of Made in Italy is closely linked to the territoriality and the Italian character of particular productions, therefore, to safeguard employment levels and the continuation of production on the national territory, the need has arisen to establish a register for the protection of historical brands. Historical trademark guarantees merely the entrepreneurial origin of the goods and services for which it is registered and used. The ability of a company to survive for many years in an increasingly complex and constantly evolving market is often indicative of solid structure, production capacity and know-how. Therefore, the owners of trademarks with these characteristics will register their rights on the new register of historical trademarks of national interest. As a result of the in 2020, the “Historical Trademark of National Interest” logo (which consists of an image of Italy with the words “Marchio Storico” written around it) was established, which the companies listed in the register can use for commercial and promotional purposes ^[19]. Currently, the registered Historical Trademarks are equal to 267.

4. Conclusions

The difference between QMs and HMs has been analyzed, highlighting the main aspects that characterize these two brands as a regulation function and the specifications that distinguish them from the most common trademarks. In particular, a case study focusing on the historical trademarks in Italy was proposed to promote the strategic importance of marks, thus enhancing them as a driver of competitiveness and internationalization.

▪

The declaration that the applicant is not carrying out any activity involving the certified type’s supply of products or services.

▪

The characteristics of the products or services to be certified.

▪

The conditions of use of the EU certification mark.

▪

The holder of the MFF applies the verification and monitoring arrangements.