Both physical persons & legal entities, such as companies & enterprises, can apply for TM registration in Malta. Please note that registration of non-traditional TMs in Malta (i.e. colors & sounds) is also possible.
Those seeking to register a TM in Malata should pay attention to the following:
- Pursuant to the Maltese Commercial Code, no registration of unregistered TM rights is required; TM rights are established based on their prior use;
- Under the PCPIP, owners of foreign TMs can restrict the use of a trademark in Malta if it’s similar or identical to theirs;
- Transferring rights to registered TMs is done separately from transferring rights to some or all services/products they’re registered for;
- Certification, collective & service TMs are governed by the TM Law;
- Registration of TMs in Malta depicting national & religious symbols is prohibited.
By getting a TM license in Malta, registrants get to enter their TMs in the IPRD register. TM licenses can be either exclusive or non-exclusive. Obtaining a TM license in Malta is possible for some or all services/products it’s registered for. A TM license is valid in the entire territory of Malta or in some of its regions.
Applying for TM registration in Malta requires submitting an application in English or Maltese. The application must contain:
- a request for registering a trademark in Malta;
- data on an applicant’s identity;
- data on services/products in respect of which TM registration is requested;
- TM presentation;
- a representative or attorney’s address/name;
- a fee.
Cost & Terms
Normally, registration of a TM in Malta takes from six to eight months & requires paying a fee of one hundred sixteen euros. The fee covers the processing of an application, registration & publication of a newly registered TM in an official online magazine or any other official publication. Once their TM is published, applicants receive a certificate of registration of a trademark in Malta. TM registration is valid for ten years.
For an individual consultation on TM regulation in Malta or advice on registration of IP rights in Malta, please, contact IQ Decision UK.