Registration of a trademark is a necessary measure of brand protection. This article describes the main aspects of TM regulation in Malta, which will be relevant for those planning to start a business in this jurisdiction.
How to register a TM in Malta
The Maltese Office examines a trademark application for inalienable trademark registration (absolute grounds). If you would like to register TM in Malta please keep in mind that where a trademark is deemed purely descriptive in nature, it will be denied approval for absolute reasons, but the applicant will be given the opportunity to amend the application.
The Office also considers an application for brand registration in Malta in relation to previous rights (relative grounds). This procedure will only be carried out for earlier TMs in the Registry. Please note that if a relevant mark is found, you will be notified about that and will have to start the procedure from the very beginning after you have your trademark reviewed.
TM Dispute Resolution in Malta
Mutual proceedings at the application stage are currently regulated and therefore a third party may file an objection with all relevant documentary evidence based on EU Directives.
Those wishing to resolve a Maltese trademark dispute must submit a counterclaim within 60 days of receiving an objection. The Office will decide on the matter, and once the decision has been made, the party who is not satisfied with the outcome can appeal to the Court of Appeal within 14 days thereafter.
Appeals can be submitted:
- to the court of appeal against the decision of the regulator;
- to the High Jurisdiction Court of Appeal against the decision of the first instance court regarding the recognition of TM as invalid or its withdrawal.
Legal advice on the regulation of TM in Malta
Planning to register a TM in Malta? We recommend that you first consult with experts. Use the services of our experienced specialists and start promoting your business in this market without unnecessary mistakes, inaccuracies, repeated requests. We know all the intricacies of the process and will save you from having to understand the details, collect documents and waste precious time. Qualified advisors from IQ Decision UK will help you understand the legal requirements of the selected jurisdiction and provide comprehensive legal assistance in resolving trademark disputes in Malta.
