SUBSTANTIVE DIFFERENCES
Grounds	- Identical or similar TMs covering identical or similar g/s (double identity or LoC); - Certain unregistered rights failing prior consent (i.e. a right to a portrait, personal names, well known signs used in the artistic, literary, scientific, political or sporting fields).	- Identical or similar TMs covering identical or similar g/s (double identity or LoC); - Rights arising from signs used in the course of trade of more than mere local significance (e.g. a right to a name, a right of personal portrayal, copyright, other industrial property right); - Earlier TMs with a reputation registered for dissimilar g/s but use of CTM application takes unfair advantage of/is detrimental to earlier TMs’ distinctive character or repute; -Owner of TM filed by agent without owner’s consent.
Divergent case law	- Defensive marks - Confusion assessment by case law?	- No defensive marks - Confusion assessment by case law?
	PROCEDURAL DIFFERENCES
Who may lodge opposition	- Owner - Exclusive licencee	- Owner - Licencee (exclusive or not) if authorized by owner
Amount of Fee	€250	€350
Payment of fee	Prior to lodging opposition and proof to be attached to opposition notice	Within opposition deadline
Means of payment	Through post office	Transfer or through OHIM account
PoA	yes (simply signed)	no
Means of filing	Certified e-mail, certified mail or in person at Italian PTO	In person, by mail, fax, telex, telegram or through E-opposition
Deadline for filing against IR	3 months commencing on the first day of the month following publication in the WIPO Gazette	Between 6th and 9th month following the date of first republication.
Search report	no	Community search report (notice sent to holders of earlier CTMs cited)
Cooling-off period (COP)	max 12 months	max 24 months
POU defence	to be submitted within 60 days from notification to do so	to be submitted within 2 months from notification to do so
Possibility oral hearing	no before Italian PTo	theoretically, yes
Decision	Within 24 months from filing opposition	Not specified
Refund fee	Parties reach a settlement in COP and Office is informed accordingly	If in COP the opposition is closed by a withdrawal or restriction of the list of g/s against which opposition is based
Choice of forum	- Instead of lodging opposition, the claimant may also directly go to Court. - Revocation and Invalidity actions only before the Court (for invalidity also against a pending application).	- Opposition can be conducted only before the Office - Revocation and Invalidity action before the Office (only against registered CTMs).