Does having a registered trademark in Malta give me any right?
The “first to use” rule applies in Malta. Registration is not necessary in order to obtain trademark rights.
What is the web address of the trademark national office?
Visit this link to access Malta’s trademark national office: http://www.commerce.gov.mt/
Is there any need to use my trademark before I apply for registration?
Yes. Intent to use or actual use of mark is required for registration.
Can a Trademark Application be opposed?
Opposition is not possible.
Who can contest my trademark application?
Nobody can contest a trademark application.
Is it possible to cancel a registration?
Yes. A trademark’s registration may be cancelled on the following grounds:
- Violation of proprietary rights
- Breach of copyright
- Violation of rights in a design
- Violation of Article 6bis of the Paris Convention, Article 6ter of the Paris Convention, Article 6septies of the Paris Convention, Article 8 of the Paris Convention
- Mark is generic, functional, descriptive, deceptive or misleading
- Violation of public order or against moral standards
- Unsatisfied use requirements based on Section VIII.A.
- Inclusion of geographical indication
Are there any rights established by having a registered trademark?
Registration of trademark helps the owner obtain the following rights:
- Exclusive right to use the mark
- Right to oppose conflicting later applications
- Right to request a cancellation against conflicting later registrations
- Right to take legal actions against infringing parties
- Right to obtain financial compensation from infringing parties
- Right to license third parties to use the mark
- Right to request for seizure of counterfeit goods
How long is the opposition period?
There is no provision for opposition.
Is Malta a member of the Madrid System?
Malta is not a signatory of the Madrid System.
Do I need to present periodic statement of use?
Periodic statements of use, declaration of use and other similar filings are not a requirement.
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