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Register a Trademark in Malta

Register a Trademark in Malta

Updated on Tuesday 19th April 2016

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Register-a-Trademark-in-Malta

According to the Maltese legislation on intellectual property, a trademark represents a graphic sign that is used to distinguish the goods or services provided by a company from goods or services offered by other companies. Trademarks in Malta can be made of letters, numbers, words, colors, signs or any combination between these.

The trademark is used for marketing purposes by companies and that is why our law firm in Malta can help clients with the trademark registration procedure.

 Required documents for trademark registration in Malta

Trademark registration in Malta consists in filing all the required documentation with the comptroller. The documents to be submitted are:

  • -          a prescribed application form for trademark registration,
  • -          name and address of the applicant,
  • -          a declaration containing the products or services the trademark will represent,
  • -          a drawing of the trademark,
  • -          a statement of priority, if the trademark was previously used,
  • -          a statement that the trademark will be used by the applicant or by third parties with his consent,
  • -          a statement with the description of the trademark that will contain the color/colors used as distinctive characteristics, if necessary,
  • -          proof of paying of the application fee.

Once the documents are verified and there are no reasons for refusal, the Comptroller of Industrial Property will publish the registration and the applicant will receive a registration certificate. A trademark has ten-year validity and it can be renewed every ten years.

Clients are advised to consider that, according to the Trademarks Act, multi-class application for trademark registration is not allowed in Malta, therefore distinct applications must be submitted for each class of goods and services.

Our Maltese lawyers can assist clients with the trademark registration procedures through a power of attorney.

Reasons to refuse trademark registration in Malta

Companies or individuals applying for trademark registration in Malta must pay attention to the following reasons the registration can be denied:

  • -          the trademark has no distinctive feature,
  • -          the trademark is made up of signs used by other companies,
  • -          the trademark is made up a commonly used signs and can create confusion.

Trademark registration can also be denied if the sign employed contravenes public morality or if it is defamatory. Article 5 in the Trademarks Act also provides for several signs and characteristics prohibited from being used when registering a trademark in Malta.

What rights has the owner of a registered trademark in Malta?

registered trademark offers exclusivity to its owner. According to the Maltese laws, registered trademark infringement happens if a similar or identical sign is used to represent similar goods or services, or if a similar or identical sign to the registered trademark is used to represent other goods or services and its use causes damage to the renowned Maltese trademark.

You can contact our Maltese law firm for any questions regarding trademark registration.

 

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