A trademark is one of the most important means of identification of a business. In fact, it is considered to be one of the most valuable assets, hence the law implemented various levels of entrenchment to protect the said trademark. According to the Trademarks Act, Chapter 416 of the Laws of Malta, a trademark consists of any sign capable of being represented graphically; and which is identifiable with a particular undertaking. Hence a trademark needs to be graphically distinguishable, unique to an undertaking so that it does not confuse the consumer. A trademark may consist of words (including personal names), figurative elements, letters, numerals or a particular shape which can be associated with the product being sold.
The two key words when one comes to register a trademark are; unique and distinguishable ensuring that no other trademark is registered similarly to another. In fact, the law provides for various grounds on which the Comptroller of Industrial Property in such cases whereby;
- the trademark has no distinctive feature,
- the trademark is made up of signs used by other companies,
- the trademark is made up commonly used signs and can create confusion.
Trademark registration can also be denied if the sign employed contravenes public morality or if it is defamatory. The Trademarks Act also provides for various signs and characteristics prohibited from being used when registering a trademark in Malta.
A trademark which is registered entails the owner with various rights like exclusivity and uniqueness. Therefore it is illegal to use a similar or identical sign/design when marketing goods which are similar to the registered trademark. In a case where the registered trademark is used to market goods in another sector, and such use causes damage, it would still be considered as illegal.
A trademark can be registered and thus acquire protection in Malta by filing an application at the Industrial Property Registrations Directorate within the Commerce Department. A completed Trademark application form can be submitted online via an easy 5-step wizard available 24/7 on the Intellectual Property (IP) portal at http://ips.gov.mt . Should one prefer to submit an application by post or email, a soft copy of the Trademark application form can be requested by emailing our office on [email protected] . Therefore, one can file a new application 24/7 from the comfort of one’s own home or office. Before submitting one is also required to pay the filing fee of €116.47. However, one should keep in mind that the registration of a Trademark in Malta is for 10years from the filing date and can be renewed every 10years.
This shall not be construed to be as advice but shall merely serve as a brief description of the process needed to set up a company. If you would like to discuss this further please do not hesitate to contact us on [email protected] .