Notification under Article 6ter of the Convention.
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TRADEMARKS accordance with Article 6ter (3) of the Convention that it desires to protect that emblem, sign or hallmark; (b) the notification remains in force; and (c) Malta has not objected to it in accordance with Article 6ter (4) or any such objection has been withdrawn.
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(2)For the purposes of article 128 the emblems, abbreviations and names of an international organisation shall be regarded as protected under the Paris Convention only if, or to the extent that (a) the organisation in question has notified Malta in accordance with Article 6ter (3) of the Convention that it desires to protect that emblem, abbreviation or name; (b) the notification remains in force; and (c) Malta has not objected to it in accordance with Article 6ter (4) or any such objection has been withdrawn.
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(3)Notification under Article 6ter (3) of the Paris Convention shall have effect only in relation to applications for registration made more than two months after the receipt of the notification.
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(4)The Comptroller shall keep and make available for public inspection by any person, as prescribed in the regulations, a list of the state emblems and official signs or hallmarks, and the emblems, abbreviations and names of international organisations, which are for the time being protected under the Paris Convention by virtue of notification under Article 6ter (3).
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Acts of agent or representative:
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Article 6septies130. (1)
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The following provisions apply where an application for registration of a trademark is made by a person who is an agent or representative of a person who is the proprietor of the mark in a Convention country.
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(2)The proprietor may by sworn application before the First Hall of the Civil Court (i) demand a declaration of invalidity of the registration; or (ii) demand the rectification of the register so as to substitute his name as the proprietor of the registered trademark.
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(3)The proprietor may restrain any use of the trademark in Malta which is not authorised by him.
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(4)Sub-articles (2) and (3) shall not apply if, or to the extent that, the agent or representative shows that his actions were authorised TRADEMARKS by the proprietor.
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(5)An application under sub-article (2) must be made within three years of the proprietor becoming aware of the registration; and no injunction shall be granted under sub-article (3) in respect of a use in which the proprietor has acquiesced for a continuous period of three years or more.
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SECTION 2
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The Madrid System for the International Registration of Trademarks 131.
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In this Part – \"basic application\" means an application for registration of a mark, filed with the Comptroller under this Act, and which is used as a basis for the filing of an international application under the Madrid Protocol; \"basic registration\" means a mark registered by the Comptroller under this Act, and which is used as the basis for the filing of an international application under the Madrid Protocol; \"Common Regulations\" means the Common Regulations under the Madrid Agreement and Madrid Protocol; \"international application\" means an application to obtain registration of a mark under the Madrid Protocol; \"the International Bureau\" means the International Bureau of the World Intellectual Property Organisation; \"international trademark (Malta)\" means a trademark which is entitled to protection in Malta under that Protocol; \"International Register\" means the official collection of data concerning international registrations of marks maintained by the International Bureau; \"Madrid agreement\" means the Madrid Agreement concerning the international Registration of Marks of April 14, 1891; \"the Madrid Protocol\" means the Protocol relating to the Madrid Agreement concerning the International Registration of Marks adopted at Madrid on 27 June, 1989.
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The Madrid Protocol.
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Power to make provision giving effect to Madrid Protocol.
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TRADEMARKS 132. (1) The Minister may by Order make such provisions as may be necessary for giving effect in Malta to the provisions of the Madrid Protocol or any other regional or international registration systems concerning trademarks and without prejudice to the generality of the foregoing.
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(2)The Order may, in particular, be made with respect to (a) the making of applications for international registrations by way of the Industrial Property Office as the Office of origin; (b) the procedures to be followed where the basic Malta application or registration fails or ceases to be in force; (c) the procedures to be followed where the Industrial Property Office receives from the International Bureau a request for extension of protection to Malta; (d) the effects of a successful request for extension of protection to Malta; (e) the transformation of an application for an international registration or an international registration into a national application for registration; (f) the communication International Bureau; of information to the (g) the payment of fees and amounts prescribed in respect of applications for international registrations, extensions of protection and renewals.
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Infringements; criminal provisions
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(3)Without prejudice to the generality of sub-article (1), provision may be made by regulations under this article applying in relation to \"an international trademark (Malta)\" the provisions of article 25 and of articles 108 to 122.
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PART VIII - TRANSITORY PROVISIONS
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Interpretation.
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133.
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(1)In this Part - \"existing registered mark\" means a trademark, registered under the Ordinance and under the Trademarks Act immediately before the commencement of this Act; \"former register\" means the register kept under the Trademarks Act; \"new register\" means the register kept under this Act.
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(2)For the purposes of this Part - TRADEMARKS (a) an application shall be treated as pending on the commencement of this Act if it was made but not finally determined before commencement; and (b) the date on which it was made shall be taken to be the date of filing under the Trademarks Act.
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134.(1) Existing registered marks shall, on the commencement of this Act, be transferred to the new register and subject to the provisions of this Part, shall have effect as if they were registered under this Act. Existing registered marks.
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(2)Existing registered marks registered as a series under article 91(2) and (3) of the Ordinance and which are still valid before the coming into force of this Act, shall be similarly registered in the new register.
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135.(1) Proceedings which are pending on the commencement of this Act shall be dealt with under the legislation under which they were instituted and any necessary alteration pursuant to such proceedings shall be made to the new register.
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Proceedings under the old law.
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(2)A disclaimer or limitation entered on the former register in relation to an existing registered mark immediately before the commencement of this Act shall be transferred to the new register and have effect as if entered on the register in pursuance of article 18.
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136.(1) Upon the coming into force of this Act, articles 12 to 17 shall apply in relation to an existing registered mark and subject to sub-article (2) hereof, article 19 shall apply in relation to any infringement of an existing registered mark committed after the commencement of this Act.
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Effects of registration infringement.
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(2)After the coming into force of this Act, it shall not be an infringement of an existing registered mark to continue with any use which did not amount to infringement of the existing registered trademark under the Ordinance and under the Trademarks Act. 137. Article 21 shall apply to infringing goods, material or articles whether made before or after the commencement of this Act.
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Infringing goods, material or articles.
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138.Article 41 shall also apply to licences granted and to infringements committed before the commencement of this Act.
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Rights and remedies of licensee or authorised user.
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139.The obligations under article 34 shall apply to transactions and events occurring after the commencement of the Trademarks Act in relation to an existing registered trademark and the Ordinance shall continue to apply in relation to transactions and events which occurred before the commencement of said Act.
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Applicability of article 34 regarding assignment. TRADEMARKS Applicability of articles 39 and 40
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(2)regarding licensing. 140. Articles 39 and 40(2) shall apply only in relation to licences granted after the commencement of the Trademarks Act.
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Pending applications for registration. 141. (1) An application for registration of a mark under the Trademarks Act which is pending on the commencement of this Act shall be dealt with under the Trademarks Act subject to the other provisions of this article, and, when registered, the mark shall be treated for the purposes of this Part as an existing registered mark.
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(2)The power of the Minister under article 101 to make rules regulating practice and procedure, and in relation to the matters mentioned in sub-article (2) of that article, is exercisable in relation to such an application; and different provision may be made for such applications from that made for other applications.
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Conversion of pending application.
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142.(1) In the case of a pending application for registration for which the applicant or his representative has not received any communication from the Office relating to the registrability of the application before the commencement of this Act, the applicant may give notice to the Comptroller claiming to have the registrability of the mark determined in accordance with the provisions of this Act.
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(2)The notice must be in the prescribed form, be accompanied by the appropriate fee and be given no later than six months after the commencement of this Act.
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(3)Notice duly given shall be irrevocable and shall have the effect that the application shall be treated as if made immediately after the commencement of this Act.
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Repeal and Savings. 143. (1) The Trademarks Act, hereinafter referred to as \"the repealed Act\", is hereby repealed, and any references in any law to the repealed Act shall be construed as references to this Act.
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(2)Notwithstanding the provisions of sub-article (1): (a) the repealed Act shall remain in force for the purpose of any act, decision, action or proceedings taken in respect of any breach of the repealed Act that occurred or were instituted prior to the coming into force of this Act; and (b) any subsidiary legislation made under the provisions of the repealed Act shall, until other provision is made under or by virtue of this Act, continue in force and have effect as if it was made under this Act.