Discover the risks and dangers of failing to register a trademark to understand the value and importance of trademark registration for your brand.
The Risks of Not Registering a Trademark
Malta Trademark Registration
Protect Your Brand in Malta Through a Simple Process Backed by Certified Local Attorneys
Simple steps to register your trademark
In Malta, there are two ways to protect your trademark: register a European Union Trademark, which covers all 27 member states, or register directly with the Malta Intellectual Property Office.
STEP 1
Comprehensive Trademark Study
Before filing your trademark in Malta, you must evaluate any issues that may arise during the registration process. Our Comprehensive Trademark Study not only lists similar trademarks (graphic and phonetic) that may conflict with yours but also provides you with an Attorney's opinion on the trademark registration possibilities and the class(es) that your goods/services belong to.
- Graphic and phonetic similarity trademark search report
- Trademark attorney's analysis and advice
- Trademark class recommendation
STEP 2
Trademark Application Filing
Specialized attorneys will file your trademark application in Malta and carry out all the necessary formalities to bring your application for approval and registration. As soon as your trademark is filed, we will send you a filing report that will include the application number and application date. Also, we will send you a scanned copy of the filed application.
- Process Handled by Experienced Trademark Attorneys
- Filing the Report & a Scanned Copy of the application
- Tracking the Registration Process Online
Additional Services in Malta
Discover how our services help protect and strengthen your brand in Malta.
Trademark Search
Check if your trademark is available for registration with our easy-to-use search tool.
Search TrademarkTrademark Renewal
Renew your trademark to maintain uninterrupted protection for your brand.
Renew TrademarkDomain Registration
Safeguard your local domain with ease through our trusted partner, Register.Domains.
Search .MT DomainsFrom our Blog
National vs. International Trademark Registration
Discover how national and international trademark registration compare, the pros and cons of each, and which is right for you.
Commonly Asked Questions About Trademark Registration
Learn answers to some of the most commonly asked questions on trademark registrations to improve your trademark knowledge.
Frequently Asked Questions
Can you claim priority for a patent application in Malta?
Yes, you can claim priority in Malta if:
- Your home country is a member of the Paris Convention
- Your home application was filed no more than 6 months before your application in Malta
Who is eligible to challenge my trademark application?
No one is able to challenge a trademark application.
Can a trademark registration be canceled?
Yes, you can cancel a trademark registration for the following reasons:
- Infringement of ownership rights
- Copyright infringement
- Infringement of design rights
- Violation of specific articles of the Paris Convention (Articles 6bis, 6ter, 6septies, and 8)
- The mark is generic, functional, descriptive, deceptive, or misleading
- Contrary to public order or moral standards
- Failure to meet usage requirements as outlined in Section VIII.A.
- Contains a geographical indication
What are the steps involved in the trademark application process in Malta after filing?
After filing a trademark application in Malta, it goes through three main phases: examination, registration, and publication. During the examination phase, the application is reviewed to ensure it meets all necessary requirements and is either accepted or rejected. If accepted, the trademark is registered, and all relevant details are made available online through the Trademark Office's publication.
How many trademark applications should I submit?
The number of applications you should file depends on your mark's features, your budget, and the level of protection you want in Malta.
If your trademark includes unique text and design elements, and you want both protected, we suggest filing two trademark applications: one for the text (as a "Word Mark") and another for the design (as a "Combined Mark").
Filing two applications offers these benefits:
- Stronger protection. If someone files a "Combined Mark" with similar text but a different design, their mark might be registered if you only filed a "Combined Mark" and not a "Word Mark," as their mark would still be considered different.
- Protection for evolving logos. Companies often update their logos. If you only file a "Combined Mark" and not a "Word Mark," your new logo won't be protected. You must use your trademark as registered, or it could be canceled.
- Comprehensive protection. A "Word Mark" application allows flexibility in using your mark in various styles, while a "Combined Mark" protects the design elements.
If your trademark includes a slogan or a unique design symbol, consider filing separate applications for each to ensure additional protection.
What is the typical duration for trademark registration approval?
The typical time it takes to get a trademark registered is about 12 months, as long as there are no objections or challenges.
Do I have to sign a Power of Attorney?
Yes, you need to sign a Power of Attorney to finish the process.
Does registering a trademark in Malta provide me with any legal rights?
In Malta, trademark rights are based on the "first to use" principle. This means you don't need to register a trademark to have rights to it.
What steps must I take to meet the usage requirement for a registered trademark?
To keep a registered trademark valid, it must be used commercially within 5 years of its publication date. This use must occur within Malta.
How long is a registered trademark valid for once it has been approved?
Your registered trademark will last for 10 years.
What is the duration of the opposition period?
There is no option for opposition.
If I register my trademark in Malta, will it be protected in other regions?
If you register a trademark in Malta, it will be protected in Malta, Comino, and Gozo.
Do I need to use my trademark before applying for registration?
Yes, you need to either plan to use the trademark or already be using it before you can register it.
What rights does a registered trademark provide to its owner?
Registering a trademark grants the owner several rights:
- The exclusive right to use the trademark
- The ability to oppose later applications that conflict with the trademark
- The right to request cancellation of later registrations that conflict with the trademark
- The right to take legal action against those who infringe on the trademark
- The right to seek financial compensation from those who infringe on the trademark
- The right to license the trademark to third parties
- The right to request the seizure of counterfeit goods
Still have questions?