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Mamo TCV Advocates
Valletta, Malta (MT)

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Malta (MT)

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05-17-2013 (Newsletter Issue 7/13)
Becomes Member to Implement Seniority Project
Malta has become the 14th EU National Office to implement the Seniority Project. The Maltese office joins Lithuania, Estonia, Latvia, Sweden, the Slovak Republic, Bulgaria, Benelux, Slovenia, Ireland, Hungary, Portugal, the Czech Republic and Romania in implementation.

Having accurate seniority data is important for Community trade mark owners who have previously registered an identical mark in an EU member state which has been surrendered or allowed to lapse. The project, a part of OHIM´s Cooperation Fund, involves establishing links between entries in the national and Community databases and making the information accessible online.

Source: www.oami.europa.eu


Legal basis is the Trademarks Act of January 1st, 2001.
Since May 1st, 2004, Malta has been a member of the European Union. Malta is not a member of the Madrid Agreement or Protocol.
Trademark protection is normally obtained by registration, although Maltese law de facto protects 'well-known' marks and furthermore (where applicable) Maltese law contains provisions regulating competition between traders with regard to trademarks, irrespective of the issue of registration.
As a matter of practice, the latest edition of the Nice Classification of Goods and Services is the applicable edition whenever a new trademark application is being filed (currently the 10th edition).
In terms of Article 2 of the Trademarks Act "trademark" means any sign capable of being represented graphically which is capable of distinguishing goods or services of one undertaking from those of other undertakings. A trademark may, in particular, consist of words (including personal names), figurative element, letters, numerals or the shape of goods or their packaging: Provided that for the purpose of this Act "any sign capable of beings represented graphically" includes any sign capable of being put down in words.
Sound marks are only registrable as musical notations. Colour marks may also be registered, usually in the form of a combination of colours; where a single colour mark is proposed, the applicant is required to prove distinctiveness acquired through use in order for the single colour to be registered. The preferred method when identifying the colour/s in a colour mark application is by indicating the international colour code of the colour/s in question. Olfactory marks are not registrable.
The following trademark types are registrable: trade marks, service marks, trade names, collective marks and certification marks.
The application is filed at the Industrial Property Registrations Directorate. Electronic filings are also possible.
Multiple-class applications are not possible. A separate application has to be filed for each class.
Foreign applicants do not need a local agent. Sufficient is a postal address on Malta.
A power of attorney is no longer necessary.
Foreign applicants need a domestic registration.
The application process includes a formal examination, an examination of distinctiveness and a search for prior trademarks.
The processing time from first filing to registration or first office action is approx. 9 months.
Upon registration, the trademark is published in the “Malta Government Gazette”.
National:
At application stage, a trademark may not be opposed by a third party through any procedure contemplated by law. Folowing completion of registration however, the registered trademark may 8within time limits prescribed by law) the subject of an invalidation action and/or revocation action (both filed in Court) as the case may be, on grounds indicated in the Tradmearks Act.
A trademark registration is valid for 10 years from the date of filing. The registration is renewable for periods of 10 years each. Persons interested are to specifically seek legal advice as to the effective date of registration and the 'due by' renewal date of any trademark registration carrying a filing date prior to 1st January 2001, since (a) until 1 January 2001 trademark registration (and renewal) was for a period of 14 years at a stretch, and (b) until some time around 2003, the "priority date" (where applicable) was considered the effective date as from when the original (and subsequent) term(s) of registration was/were calculated.
The grace period is 6 months from the "due by" renewal date of the registered trademark. Beyond this, the registered mark lapses, however it can be restored onto the Register of Trademarks (at the Comptroller's discretion) if an application for the purpose is filed within a further period of six months from the date of closure of the "late renewal" period.

Further practical details are available in our publication on this topic here
If the trademark has not been used within 5 years from completion of the registration procedure or for any other uninterrupted period of 5 years, and there are no proper reasons for non-use, the registered mark becomes vulnerable to a revocation action on the basis of non-use.

Further practical details are available in our publication on this topic here
The official fee for filing a trademark application is EUR 116.47 per class (i.e. per application since Malta observes a single-Class system). There are no registration and publication fees in Malta.

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Practical details on licensing procedures, requirements and effectiveness are available in our publication on this topic here.
Search type First class Add. class
Word Mark Search (availability) 170,00 € 100,00 € 
Word Mark Search (identical) 120,00 € 90,00 € 

The Prices above are SMD Group Search Fees
Country Index is a free service of SMD Group. We thank the following law firms for their assistance in updating the information provided.

Country Survey
09-07-2016
Mamo TCV Advocates, Valletta, Malta  

11-28-2014
Salomone, Sansone & Co., Valetta, Malta

10-10-2013
Salomone, Sansone & Co., Valetta, Malta

02-16-2011
Busuttil & Busuttil, St. Julians, Malta

01-31-2011
Salomone, Sansone & Co., Valetta, Malta



Mamo TCV Advocates



Dr. Antoine Camilleri

Dr. Antoine Camilleri
103, Strait Street
VLT 1436 Valletta
Malta (MT)
Tel +356 2540 3000
Fax +356 2124 4291
antoine.camilleri@mamotcv.com
www.mamotcv.com

We are one of Malta’s top-tier law firms, with significant depth and expertise across a broad range of practice areas. As an integrated corporate and commercial legal practice, we pride ourselves on our service delivery. We always strive to exceed the expectations of our clients as we provide them with the expert advice and legal insight.

With a team of over fifty lawyers and professionals from other disciplines, we are confident of our ability to continuously act as a point of reference for our clients.

Over the years we have built strong relationships with our clients and we remain committed to supporting them at all times as they face complex business and legal issues as well as they try to adapt to changing markets and regulatory landscapes.

Our broad areas of expertise, client relationships, sector-specific knowledge & expertise and the quality of our people make us a unique proposition to clients.

For the past years Mamo TCV has been top ranked by Legal 500, IFLR 1000, Martindale-Hubell, Chambers Global and Chambers Europe.

A fast-changing and inter-connected world requires fresh thinking combined with proven experience. That’s what we provide to each and every one of our clients. We have assisted clients on complex transactions and have become the preferred correspondents in Malta for some of Europe’s largest legal firms and we are highly connected to a global network of lawyers giving us access to global expertise.

The world continues to change at a fast pace. Whether change brings about new opportunities, additional risk or even challenges, the team at Mamo TCV is always ready to support and guide you along the process.

The Comptroller of Industrial Property, National IP Office of Malta (Industrial Property Registrations Directorate)
Lascaris Bastion
Valletta - VLT 2000
Malta
Tel +356 25 69 03 42
Fax +356 25690338
Mail ipoffice@gov.mt
www.commerce.gov.mt


European Union Intellectual Property Office (EUIPO)
Avenida de Europa, 4
03008 Alicante
Spain
Tel +34 965 139 100
Fax +34 965 131 344
Mail information@euipo.europa.eu
www.euipo.europa.eu