Trademark registration in Malta

Due to distinguish  brand from other competitors, businesses in Malta need to pay attention to trademark registration procedures. For your information, Malta, a small Mediterranean island nation located on an important maritime route, connecting Europe, Africa and the Middle East, Malta has become a hub for shipping, logistics and international trade. The Malta Free Seaport is one of the largest seaports in Europe, attracting many shipping and import-export businesses. Malta’s economy is based on services, which account for more than 70% of GDP and create many jobs for locals. The tourism sector contributes about 21% of GDP and creates more than 40,000 jobs. Malta attracts visitors by its mild Mediterranean climate, rich historical heritage, beautiful coastline and many attractive recreational activities. Malta is the third largest financial services centre in the Mediterranean region, with more than 700 banks, insurance companies and investment funds. The financial services sector contributes about 12% of GDP and creates more than 25,000 jobs. Malta is an important shipping and logistics hub in the Mediterranean, with Europe’s largest free seaport. The shipping and logistics sector contributes about 7% of GDP and creates more than 14,000 jobs. In order to attract domestic and foreign investment capital, the Maltese government promulgates many tax incentives, tax exemptions, and creates favorable conditions for businesses to operate. Malta is also a member of the European Union (EU), giving businesses access to the EU single market of more than 450 million people. In the article below, Viet An Law would like to guide customers through the preliminary procedures for trademark registration in Malta.

Legal basis

• Trademark Law [Chapter 597] (Law XII of 2019, amended until October 17, 2023)

Definition of trademark in Malta

A trademark is any sign that can be represented visually and has the ability to distinguish the goods and services of one business from another. Trademarks may include words (including proper names), pictographic elements, letters, numbers, or the shape of goods or their packaging.

What it means to register a trademark

When owners register their trademarks, they acquire intellectual property rights, enjoying many benefits including specific legal remedies.

Protection of intellectual property rights

Upon successful trademark registration, the owner will be issued a Trademark Registration Certificate, which is the legal basis for protecting ownership rights to that trademark. Registered trademarks are protected by law, helping to prevent infringements such as: using counterfeit trademarks, imitating trademarks, unfair competition… As a result, owners can maintain a monopoly in the use of trademarks for their products and services, ensure brand reputation and avoid economic losses due to infringement.

Enhance competitiveness for businesses

Trademarks play an important role in building a brand image, helping to distinguish products and services of businesses from other competitors in the market. A unique and impressive brand will attract the attention of customers, build trust and encourage them to choose products and services of the business. Trademark registration helps businesses affirm their prestige and brand position in the market, thereby building competitive advantages over other competitors.

Attracting investment and expanding markets

Trademarks protected by law will become valuable intangible assets, attracting potential investors. Enterprises can use trademarks to license for third parties to use, create additional sources of income and expand markets for their products and services. Brands also play an important role in building marketing strategies, promoting brands and products and services to international markets.

Facilitating the transfer of trademarks

Registered trademarks may be transferred to third parties through contract. The transfer of a trademark can bring significant economic benefits to the owner. The registration of a trademark helps ensure transparency and legality for the transfer transaction, protecting the interests of both parties.

Contribute to promoting economic development

Trademark protection encourages enterprises to invest in creativity, innovation, creating high-quality products and services, contributing to promoting economic development. Strong brands contribute to enhancing national prestige, attracting foreign investment and creating a positive image for the country in the international market.

Trademark Registration Process in Malta

Offer to search before applying

Before filing a trademark application, the applicant should make a “Pre-filing Search Request” to check the National Trademark Database for similar or identical registered marks.

Search requests should include:

• The word/words the applicant wants to use to search;
• Images/labels/logos;
• The class or classes of products/services that the applicant wants to seek.

A search request before submitting an application can be made by email or post for a fee of €10 per word and per class or per logo and per class. In addition, the applicant can perform a free search on the National  Trademark Register: https://commerce.gov.mt/en/Industrial_Property/Trademarks/Pages/applications-forms.aspx (National Trademark Register).

Apply to the National Office

A petition for trademark registration is submitted online to the Industrial Property Registrations Directorate. The filing fee is €115 per trademark per class and will be valid for a period of 10 years from the date of application.

Due diligence and registration

The application process takes approximately 8 (eight) months from the date of application. This procedure includes:

• Check the correctness of the registration form;
• Create profiles and import and scan into the National Trademark Database;
• Absolute trademark appraisal under the National Trademark Law;
• Relative trademark appraisal according to the National Trademark Database.

Disclosure and Certification

When the trademark is not objectionable, the competent authority shall proceed to announce the registration and issue a Certificate of Registration to the applicant.

Term and Renewal of Registered Trademark

The term of trademark registration is ten years, counting from the date of registration. The trademark may be renewed for additional ten-year terms at the request of the owner, after payment of the renewal fee for a term not exceeding six months prior to the expiration date. The renewal is effective from the expiration date of the previous subscription. If the trademark registration is not renewed, the CEO will remove the trademark from the registry.

Trademark registration in Malta through the European Union (EU) System

• The EU trademark provides uniform protection across all member states of the European Union.
• The European Union Intellectual Property Office (EUIPO) in Alicante (Spain) is responsible for registration.
• The initial term of protection of the EU trademark is ten years. It can be renewed indefinitely according to subsequent ten-year terms.
• Regulation (EU) No 2017/1001 of the European Parliament and Council of 14 June 2017 contains all legal provisions relating to EU trademarks.

Trademark registration documents in the European Union (EU)

Application form: The application form is downloadable from the European Union Intellectual Property Office (EUIPO) website. The applicant needs to complete information about the owner, trademark, and list of goods/services.

Brand image: Clear, sharp, fully branded images in JPG or PNG format, up to 2 MB in size.

List of goods/services: A detailed description of the goods/services for which you want to protect your trademark through the Nice classification system.

Registration fee: Basic fee: €850 for each additional class of goods/services the fee will increase by €150

Trademark registration service by Viet An Law Firm

• Carry out the search and notify you in writing of the result of the trademark search in Malta;
• Prepare the dossier and directly file and monitor the status of the trademark application in Malta on behalf of the trademark owner;
• Inform, advise and handle deficiencies/refusals of competent State authorities (if any) in the process of monitoring trademark applications in Malta;
• Assist in monitoring, representing the resolution of objections and feedback with the intellectual property representative carrying out procedures in Malta.
• Receive dispatches, certificates and hand over to customers (if any).

If you wish to file a trademark application in Malta, please contact Viet An Law – IP Agent in Vietnam for the most effective support.