The Republic of San Marino, with the first decree issued in 2024, has officially introduced trademarks for the origin indications “Made in San Marino” and “100% Made in San Marino,” also establishing the related usage rules for products that can bear such designations.

The requirements for using these indications are similar to those for the analogous indications in Italy (“Made in Italy”) from the early 2000s: to legally affix the origin indication on a new product, a significant, final, or substantial phase of its production must take place within the State. To use the indication “100% Made in San Marino,” however, all production phases must occur within the territory of San Marino.In San Marino, the origin indication now becomes a trademark, the right to use which can be acquired by applying to the Economic Affairs Office of San Marino, upon payment of an annual fee of 100 euros. Along with the formal request, it is necessary to submit a regulation that includes a description of the product, its general characteristics, production phases, materials used, and the locations where production occurs, specifying the relevant production phase.

The trademarks are defined by the State Congress, and their use and related supervision are specifically regulated.

Historical Shops

The same decree introduces another novelty: the establishment of a Register of Historical Shops and Markets. Commercial enterprises with over 50 years of activity in the Republic of San Marino (reduced to 25 years for taverns) can apply for the status of Historical Shop or Historical Market. Once the status is obtained, registration in the Register must be renewed annually through the payment of the annual fee. Along with the designation of Historical Shop, a related trademark can be used in commercial communication and setup.

Penalties for Misuse

Even more importantly, the decree introduces administrative liability (ranging from 500 to 15,000 euros), in addition to potential criminal liability, for the fraudulent use of the trademarks “Made in San Marino” and “100% Made in San Marino.” Such penalties also apply in cases of irregular use of indications like “Fatto in San Marino” and similar for products that are not substantially or entirely produced in the Republic of San Marino.It is worth noting that the Republic of San Marino is not part of the European Union or the European Economic Area, although there are several bilateral agreements between the Republic of San Marino and Italy, including those concerning intellectual property. These agreements relate to the validity of Italian national intellectual property rights within the territory of San Marino, excluding Italian national rights arising from international registrations/applications.