Trademarks Law in Malta
Trademark law in Malta is governed by the Trademarks Act (Cap. 597), which transposes the EU Directive 2015/2436 into national law. This Act, effective since May 14, 2019, modernizes and harmonizes Malta's trademark laws with EU standards, enhancing protection for both domestic and international trademark owners.
📄 Trademark Registration Process
Pre-Application Search: Before filing, it's advisable to conduct a trademark search to identify any conflicting marks. The Commerce Department offers this service for a fee of €10 per word or logo per class. Alternatively, applicants can search the National Trademark Register online at ips.gov.mt.(The Department, The Department)
Filing an Application: Applications must be submitted online via the Industrial Property Registration System. The filing fee is €115 per class, covering registration, publication, and protection for 10 years. Applicants should provide a clear representation of the trademark and specify the goods/services using the Nice Classification.(The Department)
Examination and Publication: The Commerce Department examines the application for compliance with legal requirements. If accepted, the trademark is published in the official online journal. Oppositions can be filed within 90 days of publication.(Mondaq, bdo.com.mt)
Opposition Procedure: If an opposition is filed, the applicant has 90 days to respond, withdraw, or amend the application. A decision is made based on the provided evidence, and appeals can be lodged within 15 days of the decision.(Mondaq)
⏳ Duration and Renewal
Initial Protection: Trademarks are protected for 10 years from the filing date.
Renewal: Renewal applications must be submitted within the last year of the current protection period. A 6-month grace period is available for late renewals, subject to an additional fee.
⚖️ Use Requirement and Cancellation
Use Requirement: While use is not mandatory for registration, a trademark may be vulnerable to cancellation if it has not been used for 5 consecutive years.
Cancellation: Any interested party can request the cancellation of a trademark based on non-use or other grounds specified in the Act.
🌍 International Protection
Madrid Protocol: Malta is a member of the Madrid Protocol, allowing for international trademark registration through WIPO.
EU Trademark System: As an EU member state, Malta participates in the EU Trademark system, providing protection across all EU member countries.
🛡️ Enforcement and Infringement
Infringement Actions: Trademark owners can take legal action against unauthorized use of their marks. The Commerce Department provides assistance in enforcing trademark rights.(The Department)
Recent Amendments: In March 2023, amendments to the Trademark Rules introduced procedures for revocation and invalidity notices, aligning with EU Directive 2015/2436. These changes enhance the efficiency of trademark enforcement in Malta.(Gov.mt)
✅ Summary
Malta's trademark system offers robust protection aligned with EU standards. The process is streamlined through online applications, and the 10-year protection period with the option for renewal provides long-term security for trademark owners. International protection is facilitated through the Madrid Protocol and the EU Trademark system.
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