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Offices| Aspect | Details |
|---|---|
| What is a Trademark? | A trademark is a symbol, phrase, or word that identifies and distinguishes a specific product or service. It legally sets a product or service apart from others in the market and determines the ownership of the company’s brand. |
| Cost | Cost of Trademark Registration in Malta for single class is approx €115 |
| Timeframe | The timeframe of trademark registration in Malta is 6 to 8 months |
| Benefits | The list of benefits of Trademark Protection in Malta are as follows:
|
| Types of Trademark Registration | The different types of trademark registration in Malta are as follows:
|
| Documentation Requirements | The list of documents required for the Malta Trademark Registration
Process is as follows:
|
| Who Can Register? | Given below is the list of individuals or others who can register
trademark in Malta:
|
| Procedure | Malta Trademark Registration Process are as given below:
|
| How Can We Help You? |
|
Safeguard your intellectual property and enhance your business presence in one of the Mediterranean’s most vibrant and stable economies. Trademark licensing in Malta allows you to grow your brand internationally while retaining control over its usage.
Trademark registration in Malta gives you the exclusive right to use, license, franchise, and sell your mark within the country. A trademark can include words, letters, numbers, symbols, or shapes that distinguish your goods or services. Once registered, it becomes your legal property, allowing you to take action against any unauthorized use. For a smooth registration process, Enterslice offers expert guidance at every step.
A registered trademark grants you exclusive usage rights in Malta. Infringement occurs if another party uses a similar or identical mark on similar goods or services, causing confusion or misleading consumers. Even unrelated products may infringe if your trademark is well-known and the usage harms its reputation or takes unfair advantage of it.
The Industrial Property Registrations Directorate (IPRD) under Malta’s Department of Commerce handles all trademark registrations. Applications are reviewed under the Trademarks Act, and only those meeting the legal definition and distinctiveness requirements are approved. Marks that lack uniqueness or clarity may be refused on absolute grounds.
Seeking trademark registration in Malta? Reach out to Enterslice experts today.
Single Class Application
Member of the Madrid System
Opposition Period 90 Days
Administered by the Intellectual Property Office (IPO)
Nice Classification Followed
Protection from Copycats
The list of benefits of trademark filing in Malta is as follows:
The proprietor gains exclusive rights to use the registered trademark for their products and services, preventing others from using the same or similar marks.
The trademark holder has the statutory right to oppose any later filed trademarks that may conflict with their own on relative grounds, helping to protect their brand from potential infringement.
The trademark owner can prevent third parties from using the registered trademark without consent, especially in cases where the mark is identical or similar or where there is a likelihood of confusion in relation to goods and services.
The trademark provides the owner with legal recourse in case of infringement, ensuring that they have the means to protect their intellectual property in Malta and beyond.
A registered trademark helps to distinguish your products and services in the market, enhancing brand recognition and consumer trust. It is one of the key benefits of trademark filing in Malta.
A registered trademark is a valuable asset, enhancing the overall value of the business. It can be licensed, franchised, or sold, providing additional revenue opportunities.
Trademark registration allows the proprietor to register with customs authorities to prevent the importation of counterfeit goods, safeguarding against infringement at borders.
The certificate of registration serves as legal proof of ownership, making it easier to defend the trademark in case of disputes. It is one of the significant benefits of trademark filing in Malta.
Once registered, the trademark owner is entitled to use the ® symbol, signifying that the mark is officially protected, which can deter potential infringers.
Trademark owners have the exclusive right to assign or transfer ownership of the trademark, offering flexibility in managing intellectual property assets.
Registration provides consumers with assurance that the brand is authentic and legally protected, promoting trust and loyalty in the marketplace. It is one of the essential benefits of trademark filing in Malta.
The step-by-step procedure to register a trademark in Malta is as given below:
Firstly, the applicant is recommended to search the National Trademark Database before applying to check for existing similar or identical trademarks. The search can be done via post, email, or through the free National Trademark Register.
The application must be filed online with Malta’s Commerce Department, Industrial Property Registrations Directorate. The trademark should be distinctive on both absolute and relative grounds, and the process includes submission, vetting, assessment, approval, and delivery.
In this stage, the applicant, on receiving the application, shall examine and this involves a detailed review of the application, creation of the official file, and uploading of trademark data into the National Trademark Database. It is conducted based on both absolute and relative grounds as per Maltese trademark law. Payment for the application can be made through cash, cheque, post, online portals, or bank transfer.
If the application meets all requirements, the Malta Industrial Property Office will register the trademark. If there are any deficiencies, the applicant will be notified and given a chance to amend the application.
Once the trademark is successfully registered, it is published, and the Malta IPO issues a certificate of registration. This certificate confirms applicant ownership and legal rights, granting you exclusive use and protection under Maltese law.
The timeline for trademark registration in Malta (including the Malta trademark application filing) approximately takes 6 to 8 months, depending on the case by case:
Conduct a search in Malta’s National Trademark Database to check for conflicts.
File the application online, followed by initial vetting for completeness.
The office examines distinctiveness and conflicts with existing trademarks.
The application is approved if no objections exist. Deficiencies may extend the timeline.
A trademark is registered and published, and the certificate is issued.
The list of documents required to register a trademark in Malta is given below:
Prescribed Application Form for Trademark Registration
Applicant’s Name and Address
Statement of Goods/Services for Which the Trademark is Sought
Trademark Representation (Drawing/Image of the Mark)
Statement of Priority (If Trademark Was Previously Used)
Declaration of Use by Applicant or Authorized Third Parties
Description of the Trademark (Including Colours if Distinctive)
Proof of Payment of the Prescribed Fee
In Malta, trademark registrations are valid for ten years from the filing date and can be renewed indefinitely for successive ten-year periods. The renewal process for trademark licensing in Malta cannot be initiated earlier than six months before the trademark's expiration date. However, Maltese trademark law provides a six-month grace period after expiration, during which late renewals are still possible, though this requires payment of additional fees.
If a trademark owner fails to renew the registration within this six-month grace period, the Comptroller will proceed to remove the trademark from the register, resulting in a loss of protection. To maintain continuous trademark rights, owners should carefully track expiration dates and submit renewal applications in a timely manner, while being aware of the available grace period option should they need it. The system is designed to provide trademark owners with flexibility while ensuring proper maintenance of registered marks.
Mandatory Hiring of Trademark Agent
99% Success Rate in Application Filing
Fast and Easy Process
200+ Local Consultants in Malta
The applicant, before filing a Malta Trademark application, must determine the types of trademark registration in Malta that align with the business identity and requirements. Here, given below is a list of the types of marks for trademark registration in Malta:
A Word Mark consists solely of words, letters, numbers, or standard typographic characters. It is one of the most popular choices among businesses.
A Figurative Mark includes non-standard characters, images, or graphic features without any accompanying text.
This type of mark combines both text (words or letters) and visual elements such as pictures, graphics, or images.
A 3D Mark is represented by a three-dimensional shape that serves as a trademark.
A Pattern Mark consists of a set of elements that are regularly repeated to form a unique design.
A Sound Mark consists exclusively of a sound or a combination of sounds used to uniquely identify a brand.
A Motion Mark is made up of a moving image or a sequence of images that form an animation to distinguish a product or service.
A Hologram Mark uses a holographic image, which changes appearance when viewed from different angles, as a distinctive identifier.
A Multimedia Mark combines various forms of media, such as visuals and sound, to create a unique trademark.
This type of mark consists of a specific colour or a combination of colours that uniquely identifies a brand.
A Position Mark refers to the specific placement of a sign or logo on a product, which serves as a distinctive feature of the brand.
The list of entities or people who can register a trademark in Malta is as follows:
Every business offering products or services should obtain trademark registration in Malta to protect its brand identity. Below are key industries and business types that particularly benefit from trademark protection and therefore they strive to register a trademark in Malta-
Top Industries Requiring Trademark Filing in Malta
Business Ideas for Trademark Licensing in Malta
The list of compliances post trademark registration in Malta is as given below:
With proven expertise in facilitating trademark protection across European jurisdictions, Enterslice offers seamless trademark registration services in Malta backed by a team of experienced legal and compliance professionals. We simplify the registration process while ensuring full compliance with Malta’s Trademarks Act and EU regulations. Here’s why businesses across the globe choose Enterslice as their go-to partner for trademark registration in Malta-
The Nice Classification is an international system used to categorize goods and services for trademark registration. It provides a standardized method to ensure consistency in trademark applications and searches across different countries.
The system includes 34 classes for goods and 11 classes for services, making a total of 45 trademark classes. This classification helps businesses identify and protect their trademarks in specific categories relevant to their products or services.
Trademark registration in Malta is valid for a period of ten years from the date of registration. It can be renewed for successive ten-year periods if the trademark owner wishes to maintain the rights.
To ensure uninterrupted protection, the renewal application must be submitted no later than six months before the expiry date. If the trademark is not renewed within this timeframe, it will be removed from the Register by the Comptroller.
The relevant trademark authority in Malta is the Industrial Property Registrations Directorate, which operates under the Maltese Commerce Department and is headed by the Comptroller of Industrial Property.
The relevant trademark legislation in Malta is as given below:
The list of information that is needed to register trade mark in Malta is as follows:
According to Malta’s relevant laws and regulations, submitting a Power of Attorney is not mandatory for filing a trademark registration application. However, it is recommended to provide one if an attorney is acting on behalf of the applicant during the trademark filing process.
Some of the absolute grounds for refusal of trademark registration in Malta are as follows:
The appeal for a trademark registration refusal is to be filed before the Court of Appeal within 15 days of service of the Comptroller’s decisions.
The proprietor of an earlier trademark or a person authorised under relevant laws for a protected designation of origin or geographical indication is entitled to oppose a trademark registration in Malta.
Yes, an individual can register the assignment of a trademark according to the prescribed act.
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“I have registered my Trademark through them. The application was filed within 3 days. And the charges were also very reasonable. We got TM Approved in 6 month’s time without any re-submission or objection. They charge high to deliver the best in industry.”
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