MIMIT - Ongoing Updates to the “Marchi di Interesse Storico” Register

The Special Register of “Marchi di Interesse Storico” was created to protect trademarks that have been in continuous use for at least fifty years and are tied to production activities of national importance. The framework became stronger with the “Made in Italy” legislative reforms aimed at safeguarding Italy’s industrial and cultural heritage, especially when businesses face financial struggles, relocation, or closure.
In December 2025, the Ministry of Enterprises and Made in Italy continued to update the Historic Trademarks Register with new entries and administrative confirmations. The register has taken on a role beyond just symbolic recognition; it now serves as a policy tool to protect production assets connected to national identity that are deemed strategically important to the economy.
 
Throughout 2025, a recurring legal issue has been the balance between government intervention and private intellectual property rights. Under the current rules, owners of historic trademarks face stricter obligations, including the need to notify authorities if they plan to stop production or make significant changes to their operations. This has sparked debate about the extent of MIMIT’s ability to intervene to prevent the disappearance of historically important brands.
Further complications arise when historic trademarks are also protected as EU trademarks. The Italian register offers national recognition and regulatory outcomes. However, the EUIPO (European Union Intellectual Property Office) does not recognize “historic” status as a standalone reason for protection in opposition or invalidity cases unless it shows clear reputation under Article 8(5) EUTMR. This disconnect creates a gap between national heritage recognition and enforcement at the EU level.
 
In December 2025, the Ministry reaffirmed its active use of the register through concrete administrative measures. On 18 December 2025, the trademark Tombolini was officially designated as a “Historic Brand of National Interest”, reflecting the continued application of the register to certify long-standing identity-based assets. Earlier, on 5 December 2025, the Marchi+ 2025 incentive scheme, which provides financial support for the international registration of trademarks with priority accorded to historic brands, was formally closed following exhaustion of available funds. The high number of applications received just before the closure highlighted the growing importance of historic designation for forward looking Italian businesses.
 
The designation of a trademark as a “Historic Brand of National Interest” is shifting from a purely honorary status to one with real legal and commercial implications. For owners of well-established Italian brands, historic recognition can strengthen brand positioning, support enforcement strategies, and enhance access to public incentives. However, it also brings increased regulatory scrutiny. Once on the register, owners must meet notification requirements and may face government oversight during industrial changes, closures, or transfers. From a practical standpoint, legal counsel should treat historic designation as a strategic option rather than a given. Conducting "heritage due diligence" before applying is advisable, especially if a client expects corporate restructuring, foreign investment, or divestment in the near future. While the designation can add value for companies dedicated to keeping production in Italy, it may also limit flexibility and increase regulatory exposure for others.
 

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