The trademark owner enjoys exclusive use and can prohibit third parties from using
identical, similar, clearly attributable and/or commercially confusing trademarks with their own
§§§
APERICANE ® is a REGISTERED trademark.Initially "de facto proven" as of September 3, 2004, and subsequently registered with the UIBM offices. Expanded EUIPO is protected in all colors and types of graphics; products and images protected by copyright are linked to it.
APERICANE ® is protected for any type of event (including charitable events), products intended for humans and/or animals,
clothing for humans and animals, gadgets, pharmaceutical articles, photographs, paper and cardboard, radio, TV,
and more, which you can view at the UIBM and EUIPO offices (also free web version)
APERIGATTO® is a REGISTERED trademark.Initially "de facto proven" as of March 8, 2007, and subsequently registered with the UIBM offices, it is protected in all colors and types of graphics;
products and images protected by copyright are linked to it.
APERIGATTO® is protected for any type of event (including charitable events), products intended for animals, clothing for humans and animals, gadgets
DEFENSIVE TRADEMARKS
Dr. Paola Guaitoli is also the owner of a large portfolio of DEFENSIVE trademarks (UIBM and EUIPO) whose use by unauthorized third parties
results in counterfeiting with the primary ones legally acquired and/or registered
USE OF TRADEMARKS / "LICENSING" CONTRACTS
It is possible to obtain, by written request, the use of the trademarks
for the organization of events and for the production of articles or gadgets
both short and long term
COUNTERFEITING
In the case of unlawful and/or misleading uses of trademarks owned by us, the competent judicial authorities will be informed
We will never be responsible for punitive actions taken by hosting providers regarding content published on social and/or websites
and the behavior of repeat offenders disrespectful of the guidelines
ROYALTIES
https://www.apericane.store/store/product/royalties-compliance
for other extended and collaborations contact the Company
§§§
The contents published on our websites and on our official social web pages
are the exclusive property of ''CANICHEPASSIONE ® ''
The use of the sites for commercial purposes or in any way that is illegal or harmful to us and/or to other people and/or our Collaborators is prohibited,
as established and protectedAll information, materials, functions and other content and applications, images, videos, audio, graphics, present on our sites or sent are our property subject to copyright, or property subject to copyright of our Partners, Licensors and Licensees. All trademarks, service marks, trade names and "trade dress" (the appearance that distinguishes the product), including the corresponding hashtags, are the property of our Company and/or our Licensors or Licensees.
We are always available for collaborations with Institutions and associations with certification
write to apericane [@] apericane.store
Judgment 155/2023 Panel Dr. Serra, Florini, Salina
Bologna Court Business Section R.G.7228/19 APERICANE/APERIDOG
The company Canichepassione ® has achieved significant success in court in order to protect its trademark portfolio (primary and defensive), in particular the registered Italian trademark “APERICANE®”, with a view to strengthening the distinctiveness of its entrepreneurial initiatives and the important project underlying them.
In 2018, the company brought a lawsuit before the Bologna Court aimed at obtaining the nullity of the Italian trademark “APERIDOG” registered on 16.10.2017, the prohibition of its use throughout the national territory, and the ascertainment of acts of unfair confusing competition pursuant to art. 2598 of the Civil Code against an association and a company with the same name, which had systematically resumed the entrepreneurial initiatives of CANICHEPASSIONE®, namely the activity of organizing and promoting EVENTS on their websites and on the pages of the main social networks, events which also, in some cases, served as a channel for the sponsorship of their own and/or third-party pet products.
Well, the Bologna Court – Business Section, definitively ruling with a judgment dated 21.12.22 and published on 01.02.2023, upheld the claims of Canichepassione, declaring the nullity of the previous Italian trademark “APERIDOG”, considering it an infringement of the prior trademark “APERICANE”, prohibiting any use by the defendants, obliging them to fully reimburse the expenses incurred, to compensate for damages, and setting an additional penalty for each content and for each day of continued violation/non-removal.
This allowed Dr. Paola Guaitoli to register the APERIDOG trademark, adding it to the already extensive package of DEFENSIVE trademarks (UIBM 302023000090606) of the prior trademark APERICANE
This ruling is of considerable importance and is of particular interest, also with regard to operators in the S.A.B., HO.RE.CA, and PET-SHOP sectors and for associations, as it highlighted the fact that both parties in the dispute were present on social networks, used as channels for the promotion and sponsorship of UNLAWFUL EVENTS, and that the average diligent consumer was perfectly able to associate the word “DOG” with the precise meaning of “CANE” (dog), because the English word has reached such a level of diffusion in the relevant context as to be part of the vocabulary used by consumers.
Regarding the interference between the two activities, the Court found the substantial identity in nature and characteristics/purposes of the events identified by the two opposing trademarks, both aimed at the promotion and organization of EVENTS, carried out either with the involvement of animals or just their owners, also specifying, in addition, that it was not relevant for the purposes of establishing infringement whether the pet products and/or gadgets included and sponsored therein were distributed as “gifts” for advertising purposes.
The ruling therefore set an important precedent also with regard to a multitude of operators in the so-called third sector – unrecognized associations, animal defense committees, animal promotion bodies, ONLUS and various leagues, both nationally and locally – which, if carrying out economic activities even if for non-profit purposes, are still required to comply with competition rules and the industrial property rights of others.
REGARDING DEFENSIVE TRADEMARKS: Eng. Marzulli (for informational purposes only, published with his prior authorization)
https://www.youtube.com/watch?v=PL9C0aZRCvE
*****
1) THE ABOVE-MENTIONED RULING IS NOT THE ONLY ONE THAT HAS SET A PRECEDENT, BUT IT IS THE ONLY ONE PUBLISHED ON THE SITE BECAUSE, ALSO INVOLVING AN ANIMAL RIGHTS ASSOCIATION, IT WAS HOPED IT COULD SERVE AS A DETERRENT FOR ALL OTHERS.
2) AT UIBM YOU CAN SEE WHO HAD ALREADY WITHDRAWN IN THE FILING OF “APERICANE” (302014902265300 - MULTINATIONAL) and failed in the filing of “APERIBAU” (302020000112376 - ANIMAL RIGHTS ASSOCIATION).
3) On July 4, 2025 – The registry of the Court of Xxxxxx notifies the cancellation of the registration of the counterclaims for nullity of the trademarks filed by the multinational XXXX XXXXXXXX XXXXXXX in compliance with Articles 122 CPI and 128 RMUE.
4) WE INFORM PET SHOPS AND BARS THAT THE LIQUID PRODUCTS UNDER THE “APERIDOG” BRAND THAT HAVE BEEN SOLD OR ADVERTISED TO YOU ARE NOT PRODUCED BY OUR COMPANY OR OUR LICENSEES; THEY ARE COUNTERFEIT PRODUCTS AND HAVE ALREADY BEEN SEIZED BY LAW ENFORCEMENT. WE INVITE YOU TO CONTACT US IF THEY HAVE BEEN OFFERED TO YOU, WHETHER AS COMPANIES OR AS INDIVIDUALS
*****