HOW TO REGISTER A TRADEMARK IN MALTA

What is Registrable as a Trademark? 

 

 

To be registrable in Malta, a trademark must be: 

 

 

(i) a Sign capable of being represented graphically; and a sign 

 

(ii) capable of distinguishing goods or services of one undertaking from those of other undertakings. A trademark may, in particular, consist of words (including also personal names), figurative elements, letters, numerals, or the shape of goods or their packaging. 

 

 

Moreover, marks and words must be different from those already legally used by other persons. The Comptroller of Industrial Property may, on certain specific grounds listed down in the law (such as on the ground of similarity between the mark applied for and a previously registered trademark), refuse to register a trademark. If the Comptroller refuses to register a trademark an appeal may be lodged with the Maltese Court of Appeal (barring instances where a Letter of Consent is obtained from the owner of the previous conflicting registered trademark). 

 

 

It is to be noted that multi-class applications are not allowed by the Trademarks Act (Act XVI of 2000) where a separate trademark application needs to be filed in each separate class of goods or services. In Malta we follow the Ninth Edition of the Nice Classification of Goods and Services. Therefore, trademark applications may be filed in any of the 45 Classes recognised by the Nice Classification system. 

 

 

Finally, it is to be noted that the Trademarks Act affords protection to well-known marks. A well-known mark is defined as a mark that is entitled to protection under the Paris Convention as a well-known mark in Malta. 

 

 

Documents Required & Particulars 

 

 

We can file an application for registration of a trademark or a service mark in Malta on the basis of a simply signed Power of Attorney. This document may be sent to us after the filing of the trademark application/s in Malta. 

 

 

In order to prepare and file the trademark application/s, we will require the full name, address and post-code of the applicant, a representation of the trademark and where colour is claimed, an indication of the colours, the Class and the list of goods/services to be claimed in the application (according to the Nice Classification) and, where priority is claimed, the filing date, country and number of the priority application. 

 

 

Duration of Registration 

 

 

Trademarks are registered for a period of 10 years, starting from the date of filing of the application. Registrations may be renewed for consecutive periods of 10 years each provided that the renewal fee is paid.