The current trademark regulations in Malta are mainly based on the Trademark Law of January 14, 2019. The Industrial Property Office of Malta is responsible for managing trademark affairs, and the official languages are Maltese and English. The Maltese trademark adopts the principle of "first use". Trademark registration is not mandatory, but for better protection or renewal, it is best to register in accordance with the law.
Malta is a signatory to international intellectual property treaties such as the Paris Convention, the Convention Establishing the World Intellectual Property Organization, the Trademark Law Treaty, and the TRIPS Agreement. It is also a member of the European Union, and trademark registration can be processed through "single country registration" or "EU registration".
At present, the Malta Industrial Property Office adopts the Nice Classification 11th edition for the description of goods and services, and only accepts applications for one table and one category. The elements that can be registered as trademarks in Malta include: text, letters, numbers, graphics, personal names, three-dimensional logos, etc.
Natural or legal persons who do not have a domicile or main place of business or a genuine and valid business enterprise in Malta and have a valid mailing address do not need to entrust a specialized agent in that country to handle the matter. The basic materials required for trademark application are:
1. Trademark design;
2. Category and specific product items;
3. Name and address of the applicant;
4. Power of attorney;
5.If priority is declared, proof of priority must be provided.
The main process for applying for registration of a Maltese trademark is: application - examination - announcement - approval and issuance of certificates. The application will be accepted within about 2 weeks after submission. The examiner will conduct formal and substantive examinations on the application. Formal review mainly examines whether the application requirements and classification information comply with regulations; The substantive examination includes the examination of the distinctiveness of the trademark, whether it violates the prohibition and prohibition clauses, and whether it conflicts with the prior trademark. If the examination fails, a rejection notice will be issued and the applicant will be required to respond within the time limit specified in the rejection notice. If the examination passes, it will be arranged for public announcement. Within 90 days from the date of announcement, any interested party or prior rights holder may raise objections. The main reasons for raising objections are:
1. Conflict with prior trademarks, such as owning a prior registered trademark;
2. The trademark lacks distinctiveness;
3. The trademark has adverse effects;
4. Malicious registration.
In a smooth situation, trademark registration in Malta takes about one year; If it doesn't go smoothly and encounters rejection, the time will be greatly extended.
The Malta trademark is valid for 10 years after registration, starting from the date of application; Renewal can be processed within 6 months before the expiration date, with a grace period of 6 months; The renewal is valid for 10 years.
The revocation/invalidation application after trademark registration can generally be filed in accordance with the following provisions of Malta's Trademark Law of January 1, 2001:
1. According to Article 42 of the Trademark Law, revocation is requested: (1) Without justifiable reasons, the trademark has not been actually used in the country for five consecutive years after registration; (2) Due to the actions and inactions of the registered trademark owner, the trademark becomes a generic name for the goods or services it is registered for; (3) The actual use of a trademark may lead to public misidentification of the nature, quality, and geographical origin of goods/services.
2. Invalidation according to Article 43 of the Trademark Law: (1) Violation of the provisions of the Trademark Law; (2) Similar or identical to a trademark previously applied for registration by others; (3) Infringe upon other prior rights of others.