All Posts By

Jonathan Tonna

Jonathan Tonna is an associate in MamoTCV’s Intellectual Property Department. He has practiced for close to 5 years under the guidance of the IP team, first as a young trainee, then as a fully-fledged associate. During his time at the firm, Jonathan has advised and assisted clients on various IP matters. His experience ranges across every major IP field. He has helped young innovators and entrepeneurs further their business aspirations with sound IP strategy. He assisted artists, performers and other members of the creative industry safeguard their copyright and related rights, and has conducted trademark prosecution at the behest of some of the largest international brands.

Jonathan is also a member of the firm’s Litigation team, and handles a variety of IP-related claims, including the disposal of infringing merchandise that regularly passes through Maltese Customs, proceedings for the protection or invalidation of potentially conflicting trademarks and the protection of copyright and related rights.

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Iconic Ferrari 250 GTO Trademark (Partially) Cancelled Intellectual Property

Iconic Ferrari 250 GTO Trademark (Partially) Cancelled

"Cancellation Division considers that genuine use of the contested EUTM has been sufficiently demonstrated for the relevant factors in relation to toy vehicles, scale-model vehicles, whereas no use of the mark or proper reasons for non-use have been demonstrated in relation to any of the other goods for which it is registered."Hardcore car enthusiasts (or just casual followers of the Top Gear series) know that the Ferrari 250 GTO is the holy grail of the automotive world – a car so valuable and revered that Jeremy Clarkson himself was denied the privilege of driving it. It remains, as far as…
Jonathan Tonna
10th July 2020
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Out with the Old and In with the New: Parliament Tables Bill for New Trademarks Act Intellectual Property

Out with the Old and In with the New: Parliament Tables Bill for New Trademarks Act

The long-awaited overhaul of Maltese trademark legislation is imminent – the first repeal and replacement of a major IP statute since Malta's accession to the European Union in 2004. The principal object of the new law  is, of course, to transpose the provisions of Directive (EU) 2015/2436 of 16 December 2015 approximating the laws of EU Member States relating to trademarks.One of the major substantive changes is the redefinition of a trademark such that it is no longer required for a sign or indication to be capable of "graphical representation" in order to be accepted for registration by the IPRD.…
Jonathan Tonna
13th November 2018
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Out with the Old and In with the New: Parliament Tables Bill for New Trademarks Act Intellectual Property

Out with the Old and In with the New: Parliament Tables Bill for New Trademarks Act

The long-awaited overhaul of Maltese trademark legislation is imminent – the first repeal and replacement of a major IP statute since Malta's accession to the European Union in 2004. The principal object of the new law  is, of course, to transpose the provisions of Directive (EU) 2015/2436 of 16 December 2015 approximating the laws of EU Member States relating to trademarks.One of the major substantive changes is the redefinition of a trademark such that it is no longer required for a sign or indication to be capable of "graphical representation" in order to be accepted for registration by the IPRD.…
Jonathan Tonna
13th November 2018
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Unconventional Trademarks Post-KitKat: The CJEU’s Standard of Proof for Acquired Distinctiveness Explained Intellectual Property

Unconventional Trademarks Post-KitKat: The CJEU’s Standard of Proof for Acquired Distinctiveness Explained

Many people will by now have heard of Nestle's loss at the EU's highest court, marking the end of a long and arduous battle to secure EU-wide trademark protection over the four-trapezoidal-fingered shape of their famous KitKat bar.It's not often that trademark cases make the headlines across mainstream media, making this all very exciting for IP lawyers. But the whole thing did seem, at points, rather more like a race to get that "No Break for KitKat" pun-title out asap than an accurate assessment of the legal implications of the Court of Justice's ("COJ") most recent decision. Were matters different,…
Jonathan Tonna
31st August 2018
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Unconventional Trademarks Post-KitKat: The CJEU’s Standard of Proof for Acquired Distinctiveness Explained Intellectual Property

Unconventional Trademarks Post-KitKat: The CJEU’s Standard of Proof for Acquired Distinctiveness Explained

Many people will by now have heard of Nestle's loss at the EU's highest court, marking the end of a long and arduous battle to secure EU-wide trademark protection over the four-trapezoidal-fingered shape of their famous KitKat bar.It's not often that trademark cases make the headlines across mainstream media, making this all very exciting for IP lawyers. But the whole thing did seem, at points, rather more like a race to get that "No Break for KitKat" pun-title out asap than an accurate assessment of the legal implications of the Court of Justice's ("COJ") most recent decision. Were matters different,…
Jonathan Tonna
31st August 2018
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Trademarking Shape-Colour Combinations: The CJEU Pronounces Itself on Christian Louboutin’s Famous Red Sole Intellectual PropertyNews

Trademarking Shape-Colour Combinations: The CJEU Pronounces Itself on Christian Louboutin’s Famous Red Sole

Some readers may be familiar with the 2011 case filed by Mr. Louboutin against fashion giants Yves Saint Laurent over the former's US trademark registration for his famous red sole.Here is one of the more well-known representations of the mark, as filed with trademark authorities the world over: The New York District Court, adopted a view to which fashion lovers might be more inclined – namely that:"The law should not countenance restraints that would interfere with creativity and stifle competition by one designer, while granting another a monopoly invested with the right to exclude use of an ornamental or functional…
Jonathan Tonna
19th June 2018