1. Introduction

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 1.

Number of produce and service brands in Europe in 2021

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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)

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2.1. Quality Marks in the EU

QMs, compared to individual and collective marks, whose differences are expressed in 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].

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] (Table 2).

Table 2.

Quality Marks Characteristic Sheet

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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

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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

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.