disposizioni in materia di Marchi

English translation: legal provisions on trade marks

GLOSSARY ENTRY (DERIVED FROM QUESTION BELOW)

Italian term or phrase:	disposizioni in materia di Marchi
English translation:	legal provisions on trade marks
Entered by:	Lorraine Buckley (X)

12:49 Feb 14, 2013

Italian to English translations [PRO]
Bus/Financial - Law: Contract(s) / supply contract

Italian term or phrase: disposizioni in materia di Marchi

This is a contract for a company to produce and supply articles for a big-name brand
One of the conditions is

il pieno rispetto delle istruzioni e delle disposizioni in materia di Marchi;

I imagine these are standard phrases in all contracts of this kind, but am slightly wondering whether it is just to do with "'Branding instructions and provisions"
or whether it is referring to the whole trademark/copyright situation and should be rendered as
full compliance with instructions and provisions concerning logos/branding/copyright.."

Any help much appreciated

Lorraine Buckley (X) KudoZ activity Questions: 128 (none open) (12 closed without grading) Answers: 502 Italy
Local time: 08:40

law on trade marks

Explanation:
law of trade marks
trade mark law
legisation on trade marks
provisions governing trade marks

etc.

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Note added at 1 hr (2013-02-14 14:43:15 GMT)
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e.g. http://gazzette.comune.jesi.an.it/282-99/2.htm

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Note added at 3 hrs (2013-02-14 16:19:39 GMT)
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I take this snippet to mean that the party is obliged to comply with any instructions issued and with the law on trade marks. This means that a breach of the law on trade marks will also constitute a breach of contract, presumably enabling the owner of the marks to terminate the contract for breach.

Selected response from:

Thomas Roberts

Grading comment

Many thanks - you and Jim were both very helpful. Client confirmed they meant legal provisions
3 KudoZ points were awarded for this answer

Summary of answers provided

4 +1

provisions concerning brands

James (Jim) Davis

4 -1

law on trade marks

Thomas Roberts

Discussion entries: 6

James (Jim) Davis

Seychelles

Hi Lorraine

22:56 Feb 14, 2013

With Tam on the propietary trade mark. However, if you have the whole contract and there are no other references to these "istruzioni" and "disposizioni" in the contract, then the author probably intended a reference to the law, but it is extremely rare for an Italian lawyer to make a reference to the law without citing chapter and verse, or at the very least "disposizioni di...". I would contact the client and ask or make a note. The Italian says "provisions". The Italian does not say which provisions.

Thomas Roberts

21:15 Feb 14, 2013

A no proprierary trade mark would be a trade mark belonging to a third party.

Lorraine Buckley (X)

Italy

ASKER

trademark/proprietary trademark

21:12 Feb 14, 2013

Just found a site (not my customer) where, under the heading 'Trademarks', the following phrase appeared " corporate logos, product names, brands and other identification symbols that are either directly or indirectly proprietary trademarks or registered trademarks of xxx". Is there a real difference between trademark and 'proprietary trademark' (perhaps one registered and the other just easily recognised, such as certain initials or buckles?)

Lorraine Buckley (X)

Italy

ASKER

thanks

16:53 Feb 14, 2013

Thomas, very helpful (and for saving me from the false-friend boo-boo of models - though I hope I might have realized by the time I actually got to translating it for the customer!

Thomas Roberts

marchi

16:03 Feb 14, 2013

As a matter of law, a marchio can be a "brand, logo or decorative detail"
A "model" (a false friend, the correct term in English is "design") is something different.
A "patent" is something different.
"copyright" is something different.
The only overarching definition for all of the above would be "industrial and intellectual property", but I think it would be going to far if you used that in your translation instead of trade marks.

Lorraine Buckley (X)

Italy

ASKER

Marchi (written in quoted phrase with a capital M)

15:59 Feb 14, 2013

Just found further down in contract that Marchi are defined as any brands, logos, models, decorative details, patents, trademarks and copyrights associated with that Company or group and that the Company may freely use (or allow 3rd parties to use) and the industrial/intellectual rights of which they may defend. How does this change your suggestions (and apologies for not having read this bit before!)

Answers

2 mins confidence:

peer agreement (net): -1

law on trade marks

Thomas Roberts
Specializes in field
Native speaker of:

English,

Italian
PRO pts in category: 1370

Grading comment

Many thanks - you and Jim were both very helpful. Client confirmed they meant legal provisions

Notes to answerer

Asker: As I mentioned, this is basically about a big name contracting with a supplier - so the 'marchio' conditions might relate to instructions on how to produce logo/limitations on use, or general branding rules-instructions. I have no further info

Asker: as per your 3-hour note, yes, exactly. The 'snippet' is one of the recitals, forms an integral part of the contract and so failure to observe it would constitute breach of contract

3 mins confidence:

peer agreement (net): +1

provisions concerning brands

Explanation:
The Italian is redundant. I often translate disposizioni as instructuction.

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Note added at 1 hr (2013-02-14 14:15:58 GMT)
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Trade-mark might be better than brand here, but disposizioni need not necessarily be the provisions of the law. Clearly there are some instructions specified somewhere here and they are definitely not the instructions of the law, the "disposizioni" in question might be in the same document as those instructions or it might be the law.

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Note added at 6 hrs (2013-02-14 18:52:02 GMT)
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@Tam For law I would have expected "normativa". The author was certainly taking liberties with "le istruzioni", but these must be specified else where in the text. I would say the author was taking a liberty omitting "di legge" and this one really does Google strongly for a three word string in Italian
https://www.google.it/search?source=ig&hl=it&rlz=&=&q="dispo...

Also if the client wants to go to court, maybe he needs to see the weak parts in the contract.

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Note added at 10 hrs (2013-02-14 23:04:59 GMT)
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I'm not sure why you want to put "proprietary trademarks" in here. They could be proprietary or held under license. To reduce instructions and provisions to "clause" is to lose the distinction between the two in translation. Also one would imagine that they were at bit more than one single clause.
The key question here is to discover which istruzioni and which disposizioni and I think you either have to ask the client or if you can't find out that information put a translator's note, to the effect "probably a reference to a law, but not specified". In the case of istruzioni simply "not speficied which".

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Note added at 1 day1 hr (2013-02-15 14:25:20 GMT) Post-grading
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Shucks :))), but the instructions tell you to give points to the most helpful answer, and it was me who advised you to ask the client which led you to the right answer ;-)

James (Jim) Davis
Seychelles
Local time: 10:40
Works in field
Native speaker of:

English
PRO pts in category: 1337

Notes to answerer

Asker: Thanks for these helpful notes, too, Jim. I think clause should cover both company-issued instructions and legal provisions on proprietary trademarks

Asker: Wish I could have given you both the points, out of helpfulness and good suggestions you deserved it! I took your advice and asked client, who confirmed they 'meant' legal provisions, so I'm afraid it's Thomas this time - hoping you can help with certain further questions!

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English translation: legal provisions on trade marks

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