Trademark in Malta
Malta Trademark
Any sign, or group of signs, word(s), including slogans, symbols, logos, or devices, might be considered a trademark. It's critical to choose an original trademark early on to make sure it can be distinguished from those of your rivals. A trademark must fall within at least one of the 45 Nice classes. Any of the following marks are eligible to be considered trademarks:
1. Work mark
2. Figurative mark
3. Figurative Mark with word components
4. Shape mark
5. A word element-containing shape
6. Marking Pattern
7. Position Mark
8. Colour (single or combination) Mark
9. Sound Mark
10. Motion Mark
11. Hologram Mark
12. Multimedia Mark
Due to the complexity of the trademark registration process and the fact that good counsel can help you avoid costly mistakes, CSB Group accepts inquiries for searches and trademark registrations.
A trademark must fall under one or more of the following 45 classes. Interested parties are encouraged to move forward with their inquiry by identifying the class or classes they wish to register for.
Malta trademark registration
Through the promotion of intellectual property protection, Malta has worked for more than 50 years to create a climate that is open to ideas and innovation, both of which have the potential to be extremely valuable. Malta is a single-class jurisdiction, hence applicants who intend to file for several Trademark classes must submit separate applications for each class, unlike multiple-classed jurisdictions.
The laws of Malta are in compliance with all current laws of the European Union in this area and seek to ensure that intellectual property (IP) is protected in a way that is both fair to consumers of products covered by IP and sufficiently safeguards and compensates the individuals who have created and own such IP. The process for registering trademarks in Malta is governed by the Trademarks Act, Chapter 597 of the Laws of Malta, which is reinforced by the new Trademark Rules, 2021 (Legal Notice 50 of 2021). A trademark filed with the Malta IPO has a ten (10) year validity period that begins to run from the date of registration. The trademark may be renewed for additional ten (10) year periods by paying the renewal price.
The Malta Trademark Registration Process
In some cases, we help clients submit an application for the registration of a trademark. In order to move forward with the application, we would need, among other things, the following details-
- Information about the Applicant;
- A list of the Nice Classes and the goods or services for which the application is requested;
- A clear representation of the mark;
- A statement about whether priority will be claimed (in cases where the applicant wants to benefit from an earlier application); and
- A statement about the colour or colours being claimed in cases where the applicant wants to claim colour as a distinctive feature of the mark.
The Malta Intellectual Property Office (IPO) will check the application for the substantive requirements—the trademark must be graphically accurate and distinctive—after it has been correctly submitted and all procedures have been completed.
Charges
- Search costs First class: $100.00; subsequent classes: $80.00 The cost only applies to wordmarks. A figurative element (logo) in the trademark will incur an extra price of $30 USD per class.
- Cost of applications First class is $850.00; each subsequent class costs $850.00.
FAQ
What are the three things that can be trademarked?
As long as you can show how non-generic words, logos, slogans, colours, fragrances, and sounds reflect your company, you can register them with the USPTO. Inventions and literary works should be safeguarded through patents or copyrights instead of becoming registered trademarks.
What three conditions must a trademark meet?
- The trademark must be registered in the name of the legitimate owner.
- The applicant must identify the type of entity it is (a person, a business, etc.).
- The application must be supported by actual use of the trademark or a genuine intention to use it in commerce.
A trademark cannot be registered for non-commercial uses. Only brand names that you currently use in business or anticipate employing in it soon are eligible for trademark protection. A descriptive or general name cannot be registered. To be accepted, your trademark name must be distinctive or unique in some way.
If a trademark is not used, what happens?
If the owner hasn't applied the trademark to the goods or services for a continuous period of five years or more, the Registrar may withdraw the trademark from the Register. The Registrar will count back five years from the day the trademark was registered in the Register.
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