On 26 January 2024, the Board of Appeals of the Italian Patent and Trademark Office (UIBM) established that the trademark “Elettra Lamborghini” can be validly registered, rejecting the opposition to the registration of the trademark submitted by Automobili Lamborghini s.p.a., the holder of a high number of trademarks containing the surname “Lamborghini”.
The Commission, while recognizing undoubted reputation for the trademarks owned by the car manufacturer, considered that the elements on which the ultramerceological protection of the well-known brands is based did not exist (absence of “just reason” in the use of the next mark and the possibility of taking an “undue advantage” of the reputation of the previous sign).
In the case at hand, the use of the “Elettra Lamborghini” trademark was deemed justified by the coincidence with the patronymic of the proprietor, who is entitled to register it under Art. 8 of the Italian Industrial Property Code as a sign that has acquired a proven notoriety in the artistic and musical field.
Since the reputation of the “Elettra Lamborghini” trademark was obtained completely independently of that of the well-known car brand, the Commission has therefore ruled out the possibility that Elettra Lamborghini could derive an undue advantage from the reputation of earlier signs through the use of its own.
