Trademark registration in Malta. Malta, officially known as the Republic of Malta and formerly Melita, is a Southern European island country consisting of an archipelago in the Mediterranean Sea. Malta is classified as an advanced economy together with 32 other countries according to the International Monetary Fund (IMF). Currently, Malta’s major resources are limestone, a favorable geographic location, and a productive labor force. Accordingly, many businesses want to enter this market and one of the most important preparations a business needs to take before expanding to this country is to learn the procedure of trademark registration in Malta.
Forbidden signs as a trademark in Malta
Forbidden signs as a trademark in Malta include:
- Mark that is contrary to public policy or morality;
- Mark that is likely to deceive or confuse the public as to the nature, quality, or geographical origin of the goods or services;
- Mark that its use is prohibited in Malta by any enactment or rule of law;
- Mark that consists of/or contains any signs, arms, armorial bearings on flags that violates the law;
- Mark that is made and filed as a trademark registration in bad faith to deter other rightful registration.
Necessary documents for trademark registration in Malta
Necessary documents for trademark registration in Malta include:
- The application for trademark registration in Malta;
- Detailed information of the application (name, nationality, and address, etc.);
- Detailed information of the representative or attorney (name, nationality, and address, etc.);
- Classification of goods and/or services;
- Trademark sample;
- Priority documents (If any);
- The prescribed fee.
The procedure of trademark registration in Malta
The trademark application needs to be filed with The Industrial Property Registrations Directorate of Malta.
In addition, the applicant may also submit the application for the online registration of the trademark in Malta at www.ips.gov.mt.
After receiving the trademark application, the Comptroller or examiner will examine the application to ensure that all requirements for the registration of the trademark in Malta have been met.
If there are no errors detected in the formality of the application, the Comptroller will then proceed to the substantive examination of the application.
At this point, the registration of the trademark will be refused if the trademark:
- lacks distinctiveness;
- is made up entirely of signs or indications which may serve, in trade, to designate the kind, quality, intended purpose, value, geographical origin, the time of production of goods or of rendering of services, or other characteristics of goods or services;
- consists entirely of signs or indications which have become customary in the current language or in the bonafide and established practices of the trade;
Nonetheless, even if the Comptroller deemed that the registration of the trademark in Malta is not possible, the application can appeal the decision by proving that before the date of application for registration, the trademark has acquired a distinctive character as a result of the use made of it in Malta.
If there are no errors detected in the substantive examination or if the appeal is successful, the trademark will be registered in Malta and the applicant will receive the trademark registration certificate.
A trademark in Malta is protected in 10 years. After 10 years, the trademark owner must file for renewal of the trademark to extend the validity period of the trademark for another 10 years.
Should the trademark owner fails to file for trademark renewal within 6 months from the date of expiration of the last registration, the Comptroller would proceed to remove the trademark from the register. Following any such removal, should the trademark owner have sufficient grounds, it is possible that the Office would accept to restore that trademark.
Note:
The trademark application must be filed either in Maltese or in English.
You can see a list of Malta IP Firms here.