The most valuable asset of a corporation is frequently its trademark, so it must receive the broadest protection possible under the market regulations in which it competes.
Malta, a member state of the European Union since 2004, provides two options for trademark protection, depending on the applicant’s commercial need. A national or domestic trademark can be registered directly in Malta with the Malta Intellectual Property Office, or one can receive protection by registering a community trademark, which has the added benefit of covering 27 EU member states.
The Malta Trademarks Act 2000 is the primary statute controlling trademarks in Malta. According to the Act, a trademark is any symbol that can be represented graphically and can differentiate the goods or services of one business from those of other businesses.
Trademark Registration Process
English or Maltese can be used to submit a trademark registration application in Malta.
The application should contain the following information in addition to the request for trademark registration and the applicant’s and his legal representative’s information:
- A detailed description of the mark must also be given, including an accurate representation of the color used in the mark (if any) using the RGB color system.
- The applicant must also provide a list of the goods or services for which the trademark is to be registered. These need to be determined with sufficient clarity to enable the competent authorities to determine the extent of the protection sought. The list of goods and services is categorized according to the NICE classification. Also, the applicant may register the trademark under more than one class.
- If applicable, a declaration claiming priority stating the date on which and the country (which must be a member of the World Trade Organisation or a party to the Paris Convention) in or for which the previous application was filed.
When an application is submitted, The Office must ex officio search the national trademark database to find registrations or applications that are identical to or similar to the one being considered.
It is necessary to pay the prescribed fee in accordance with the relevant schedule of fees at the time the application for trademark registration is submitted.
The Comptroller will publish the trademark registration in the official online journal if all prerequisites for trademark registration are properly completed. Every week, the online journal is updated.
Period to Oppose
A notice of opposition to a trademark registration may be submitted within 90 days of the publication of the trademark application. This is typically justified because the trademark is confusing to the public and is the same as or similar to an existing trademark.
Validity Period
A trademark is typically valid for ten years, although it may be extended indefinitely for ten years. The trademark must, however, be put to “genuine use” within five years of registration to be considered valid.
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