Trademark application Malta

Trademark registration Malta

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Over 150,000 researches

We have researched availability for more than 150,000 brands and verified that they met all requirements to trademark them.

1500+ trademarks per year

Every year we register more than 1500 trademarks in all countries in the world, with objections being lodged in less than 1 percent.

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What are the costs of a trademark registration in Malta?

The costs of trademark registration in Malta depend on the number of Nice classes that are relevant to the trademark. Most marks need 1 to 3 classes, but it is possible to get  protection in all of classes 1 through 45 of the Nice classification.


How do you get a trademark registration in Malta?

The exclusive rights to a trademark are granted in Malta to the person or company that first uses it in this territory. Although it is not mandatory to register a trademark in Malta, this is strongly recommended in practice. This is because you clearly demonstrate ownership, which can prevent possible conflicts in this regard in the future and gives you the right to take action against infringement of your trademark.


Registering a trade name in Malta at a local or European level

Registering a trademark in Malta can be done in two ways. For example, you can opt for a local (national) registration via the IPS, the Institute for Public Services. It is also possible to submit an EUTM application. Such a registration gives you trademark protection throughout the European Union, to which Malta has belonged since May 1, 2004. Currently, the European Union, after the withdrawal of Great Britain, consists of 27 different countries.


Applying for trademark protection electronically

An electronic application system has been developed in collaboration with the EUIPO, the European Union Intellectual Property Office. This creates a simple user environment for entrepreneurs. The system makes it possible to submit an application online and to upload the required images and documents. You can see what the minimum requirements are in the application process. After submitting your application for trademark protection, you will immediately receive a reference number. You also pay the mandatory costs immediately. However, these do not guarantee registration. Naturally, you also provide a classification of the list of goods and / or services with your application.


Possible trademarks

A trademark can take various forms. For example, it can be a word mark, where a successful registration concerns the protection of the recorded words, but it can also be a figurative trademark such as a logo. In that case, the exclusive protection concerns the registered depiction of these figurative elements. Combining a word and a logo is also possible, as are other forms of trademarks such as 3D brands and slogans. The Trademark Law defines a trademark as any sign that can be displayed graphically and is able to distinguish goods and / or services from those of other companies.


The registration of combined trademarks

If the trademark you want to apply for in Malta is a combined trademark, you should consider before registering whether you want to be able to use one or more of the separate elements that make up the trademark separately for commercial purposes, using of trademark protection. If this is the case, it is recommended to register this specific element separately. If you do not do this, there is a chance that a third party can use this without legal restrictions for his or her product or service in the future.


The applicable regulations

As already mentioned, under the Maltese Trademark Law, a trademark may consist of words (including personal names), figurative elements, letters, numbers or the shape of goods or their packaging. In addition, a trademark that you wish to apply for in Malta must also be sufficiently different from other trademarks that are already legally used by others. The law provides clear guidelines and grounds on the basis of which an application for trademark protection can be refused.

Furthermore, when registering a trademark in Malta, it should be remembered that:

  • Applications in multiple classes are not possible. A separate application must be submitted for each separate class of goods or services
  • Malta is not a signatory to the Nice Classification of Goods and Services, but nevertheless maintains the tenth edition of this agreement
  • There are several absolute and relative grounds for refusal of registration and that protection can be granted with specific or territorial restrictions on the use of the trademark
  • An application may be given priority over a previously registered trademark when such trademark is applied for in another country or territory that is a member of the World Trade Organization or a signatory to the Paris Convention

Opposition to trademark protection works fundamentally differently in Malta

The opposition period is inherent in the process of registering a brand name. This is a period prior to the granting of trademark protection, during which third parties may object to this. They can do this if they believe it is contrary to their protected trademark. This works differently in Malta. During the proceedings, there is no room for others to oppose. They can, however, submit revocation actions once your trademark has been registered.


Trademark protection for a period of ten years

Although it is not necessary to actively use a trademark before registering the trademark in Malta, it may not be left unused for more than five years after registration. That is, if you want to prevent cancellation on the initiative of third parties due to inactivity. Use of the trademark should be on a commercial scale. Trademark protection is valid for ten years and can be extended indefinitely, each time for the same ten-year term. You can request an extension from six months before the end date of the current term until six months after that (grace period).

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Trademark registration Malta