Chapter 597

In short

This law, called the Trademarks Act, sets out the rules for registering and protecting trademarks in Malta, replacing an older law. It ensures that trademarks can be properly identified and protected as property rights.

What it regulates

• The registration and application process for individual, certification, and collective trademarks in Malta.
• The types of signs that can and cannot be registered as trademarks.
• The conditions under which a trademark can be refused registration or declared invalid.
• The processing of personal data related to trademarks, subject to EU and Maltese data protection laws.

Who it concerns

• Anyone applying to register a trademark in Malta.
• Proprietors of existing trademarks in Malta or those with international registrations effective in Malta.

Key points

• A trademark is a property right obtained through registration under this Act.
• A trademark can consist of any signs (words, designs, letters, numerals, colours, shapes, sounds) that can distinguish goods/services and be clearly represented on the register.
• Trademarks cannot be registered if they lack distinctive character, are deceptive, or are contrary to public policy or morality.
• A trademark will be refused registration if it is identical or similar to an earlier trademark and there is a likelihood of public confusion.