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Malta Trademark Registration 

In order to obtain trademark protection in Malta you can register your trademark in two ways: First option is that you request registration in the entire European Union with one single application; this can be done via the European Union Trademark which grants trademark protection in the 28 country members of the EU (more info here). Second option is that you register directly your trademark in Malta. If you want to proceed this way please follow the steps described below.

 
Attorneys - Malta
 
Welcome:

My name is Celia Mifsud and I'm the representative Attorney in Malta.

I'll be personally in charge of your trademark registration process.
 
 
Contact Us  
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A trademark attorney will process your trademark registration in Malta through the following steps:

 
Trademark Comprehensive Study   Step 1. Trademark Comprehensive Study:
A trademark search report with attorney's analysis and opinion about registration probabilities.
Step 1 Prices
 

 
Trademark Registration Request   Step 2. Trademark Registration Request:
A trademark attorney will file and process your trademark application before the Trademark Office.
Step 2 Prices
 

Frequently Asked Questions
  • Is there a time frame for the trademark registration approval?

    The average time frame for the registration approval is 12 months, if no objections or oppositions arise.

     

  • If I register my trademark in Malta, do I have protection in other territories?

    Registered trademarks in Malta are protected in Malta, Comino and Gozo.

  • Do I need to sign a Power of Attorney?

    Yes. Applicants must sign a Power of Attorney to complete the process.

  • Are there any benefits from a pre-filing use of the trademark?

    Yes. Pre-filing use of a trademark provides the following benefits:

    • Demonstrate mark’s acquired distinctiveness
    • Overcome opposition based on non-distinctiveness
  • Will there be problems in case I don’t use my trademark after registration?

    Yes. A registered trademark may be revoked on the ground of non-use.

  • What are the types of trademark that can be registered in Malta?

    The following marks are registrable in Malta:

    • Words
    • Slogans
    • Names
    • Devices
    • Shapes with 3 dimensions
    • Collective marks
    • Service marks
    • Notorious marks
    • Certification marks
  • What are the phases of application after a trademark has been filed in Malta?

    The trademark application goes through three phases namely examination, registration and publication. During the examination stage, the application is accepted or rejected according to its compliance with the requirements. Once the mark is registered, all details will be posted online through Trademark Office publication.

  • What type of trademark is not registrable?

    The following marks are not registrable:

    • Generic words/terms
    • Marks that contradict standards of moral or public order
    • Marks that include name/flag/symbol of state/region/nation/international organization
    • Marks that lack distinctive qualities
    • Geographical names
  • Does Malta use the "Nice Classification" system?

    The jurisdiction of Malta uses the system of Nice Classification.

  • Does the Community Trademark apply for Malta?

    Yes. The Community Trademark takes effect in Malta.

  • Is there any possibility to claim priority in Malta?

    Yes. It’s possible to claim priority if:

    • The home country of the applicant is a signatory of the Paris Convention
    • The date of home application is within 6 months earlier than the application date in Malta
  • What do I need to do to satisfy the use requirement?

    Registered trademarks must be used within 5 years from the date of publication. Use must be for a commercial purpose and must take place within the territories of Malta.

  • Once my trademark has been registered, for how many years will be valid?

    The registered trademark is valid for 10 years.

  • What will be the renewal date of my trademark?

    The first renewal date is computed 10 years from the date the application was filed. Note that trademarks registered before January 1, 2001 must be renewed 14 years from the filing of application date.

  • Is it legal to use my trademark even if it is not yet registered?

    Unregistered marks can be legally used for goods and services.

  • How many applications should I file?

    The answer to this question depends on the characteristics of your mark, your budget and the scope of protection that you would like to have in Malta.

    If your trademark contains distinctive verbal elements (text) as well as design elements (graphics or logos) and you wish both to be protected, our recommendation is to file two trademark applications; one to protect just the verbal elements (the application will be filed as “Word Mark”) and another to protect just the design elements (the application will be filed as “Combined Mark”).

    In this case, proceeding with two trademark applications has the following advantages:

    1. Broader and stronger protection. If a third party files a “Combined Mark” with very similar text to yours but different design, their “Combined Mark” could be accepted for registration if you only filed a “Combined Mark” and not a “Word Mark,” because in its entirety the third party’s mark is still considered different from yours.
    2. You will be protected if your logo evolves. It is common for companies to change the design of their logo with time. If you file a “Combined Mark” and not a “Word Mark,” your new logo will not be protected. You must use your trademark exactly as registered; if you don’t, your trademark may be subject to cancellation.
    3. Effective verbal and graphics protection. Filing a “Word Mark” application provides greater flexibility to use your mark in different ways, whether it is presenting it in stylized text or presenting it with different designs (as long as they are not too similar to registered trademarks that belong to third parties). At the same time, filing a “Combined Mark” allows you to protect the design elements of your mark.

    If your trademark also contains a slogan or a distinctive design symbol, we suggest you file a specific application for each, as this will give you additional protection.


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