Trademark and Patent Registration

A trademark is defined as any sign capable of being represented graphically and of distinguishing goods and services of one undertaking from those of another. A trademark may consist of words (including personal names), figurative elements, letters, numerals or the shape of goods or their packaging. When a proprietor registers a trademark he acquires a property right, benefiting from specific remedies.

Application for registration of a trademark

In Malta an application for registration of a trademark must be made to the Comptroller of Industrial Property at the Industrial Property Registration Directorate who examines the application asserting whether all requirements for registration of such application are met. An application for the registration of a trademark must contain the following:

a. a request for registration of a trademark;

b. the name and address of the applicant;

c. a statement of the goods or services in relation to which it is sought to register the trademark;

d. a representation of the mark;

e. the name and address of the representative or attorney, in cases where one has been appointed;

f. a declaration claiming priority in cases where the applicant wishes to take advantage of an earlier application;

g. an indication that the trademark is being used by the applicant or with his consent, in relation to those goods or services, or that he has a bona fide intention that it should be used;

h. a statement containing the name or names of the colour or colours being claimed in cases where the applicant wishes to claim colour as a distinctive feature of the mark; and

i. the prescribed fee.

Classification

If a trademark is to be registered in respect of different goods and services, an application for each category must be made. Goods and services are classified by the Industrial Property Registration Directorate in Malta according to the International Classification of Goods and Services for the Purposes of the Registration of Marks under the Nice Agreement.

Duration

When a trademark is successfully registered the Comptroller publishes the registration and issues a certificate of registration to the applicant. The procedure usually takes between three to six months. The duration of registration of a trademark is ten years from the date of registration.

The trademark may be renewed for further periods of ten years at the request of the proprietor after the payment of the renewal fee within not more than six months before the date of expiry.

The renewal takes effect from the expiry of the previous registration. If the registration of a trademark is not renewed the Comptroller has the trademark removed from the register.

Please contact us for any advice or further information on the above.