The “first to use” rule applies in Malta. Registration is not necessary in order to obtain trademark rights.
Visit this link to access Malta’s trademark national office: http://www.commerce.gov.mt/
Yes. Intent to use or actual use of mark is required for registration.
Opposition is not possible.
Nobody can contest a trademark application.
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
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
There is no provision for opposition.
Malta is not a signatory of the Madrid System.
Periodic statements of use, declaration of use and other similar filings are not a requirement.