The system for trademark protection in Malta includes the following:

• Registration
• Common law - Maltese law also grants statutory protection to unregistered trademarks

Malta belongs to the following international treaties:

• Paris Convention
• Nice Agreement Concerning the International Classification of Goods and Services for the Purposes of the Registration of Marks
• Trademark Law Treaty ("TLT")

The benefits of registering a trademark in Malta include:

• Other: The rights and remedies for registered trademarks are more clearly defined, and arguably wider, under Maltese law than in the case of unregistered trademarks.

Service marks

Yes

Defensive marks

No

Collective marks

Yes, collective marks may be applied for by associations of manufacturers, producers, suppliers of services or traders. An applicant for a collective mark must submit the regulations governing its use, which must at least specify the persons authorized to use the mark, the conditions of membership of the association and the conditions of use of the mark, including sanctions.

Certification marks

Yes, any person may apply for a certification mark, provided that such person does not carry on a business involving the supply of goods or services of the kind certified. An applicant for registration of a certification mark must inter alia file regulations governing the use of the mark specifying the person authorized to use the mark, the characteristics to be certified by the mark, how the certifying body is to test those characteristics and to supervise the use of the mark, the fees (if any) to be paid in connection with the operation of the mark.

Well-known marks

Yes, must be well-known in Malta as being the mark of a person who is a national of a Paris Convention country, or is domiciled in, or has a real and effective industrial or commercial establishment in a Convention country, whether or not that person carries on business, or has any goodwill, in Malta.

Series marks

No

Marks in a different language or characters other than Roman characters

Yes

Non-traditional marks: Sound marks

Yes, as set out in our law, a trademark may consist of any signs, in particular words, including personal names, or designs, letters, numerals, colors, the shape of goods or of the packaging of goods, or sounds. An audio file of the “sound” which is the subject of the trademark application should be submitted, generally in JPEG MP3 format. An alternative option is to submit an accurate representation of the sound in musical notation.

Non-traditional marks: Smell marks

Yes, scent (olfactory) marks are not, in principle, excluded from being the subject of a trademark application. A written description of the scent may be submitted, but the acceptance of this as a method of representation is not a settled position, particularly in light of EU jurisprudence.

Non-traditional marks: Position marks

Yes, a representation of the position mark in JPEG format should be submitted. This representation should appropriately identify the position of the mark and its size and proportion with respect to the relevant goods/services.

Non-traditional marks: Color marks (i.e. registration of a single color or a combination of colors, e.g. Cadbury's purple color)

Yes, in the case of a single color, then the applicant should submit a reproduction of the color and an indication of that color by a reference to a generally recognized color code. In the case of a color combination, the applicant should submit a reproduction of the color combination that shows the systematic arrangement of the color combination in a uniform and predetermined manner and an indication of those colors by a reference to a generally recognized color code (in both cases, JPEG format should be used).

Non-traditional marks: Shape or three-dimensional marks

Yes, a graphic reproduction of the shape, including computer-generated imaging, or a photographic reproduction (JPEG, OBJ, STL or X3D format).

Documents and information required to file a trademark application include:

• Name and address of the applicant
• Representation of the trademark
• Goods and services and the class(es) for which the trademark is to be registered
• Power of Attorney
• Other: There is no statutory requirement for the Power of Attorney to be notarized or legalized (although, the national trademark office does have the discretion to request it). In all cases, however, the power of attorney should have a witness to signature and, where an applicant is a legal person, the signatory must be a duly authorized representative. 

No, multi-class applications are not permitted in Malta.

Yes, there are substantive examinations of trademarks in Malta on the following grounds:

• Substantive grounds
• Other: The local trademark examiners will examine the trademark application to ensure that it is formally admissible and does not fall afoul of any of the absolute grounds for refusal prescribed in our law. If both elements are satisfied, the trademark application will then be published for opposition purposes.

Absolute grounds for refusal of a trademark in Malta include:

• Mark has direct reference to the character or quality of the goods or services
• Mark is not distinctive
• Other: (i) Trademarks which do not fall within the definition of a trademark; (ii) Trademarks which consist exclusively of signs or indications that may serve, in trade, to indicate the kind, quality, intended purpose, value, geographical origin, the time of production of goods or of rendering of services, or other characteristics (descriptiveness); (iii) Trademarks which consist exclusively of signs or indications that have become customary in the current language or in the bona fide and established practices of the trade (generic terms); (iv) Signs which consist exclusively of the shape, or another characteristic, which results from the nature of the goods themselves; (v) Signs which consist exclusively the shape, or another characteristic, of goods which is necessary to obtain a technical result; (vi) Signs which consist exclusively the shape, or another characteristic, which gives substantial value to the goods; (vii) Trademarks which are contrary to public policy or to accepted principles of morality; (viii) Trademarks which are of such a nature as to deceive the public or likely to deceive the public, for instance, as to the nature, quality or geographical origin of the goods or services; (ix) Trademarks which have not been authorised by the competent authorities and are to be refused or invalidated pursuant to Article 6ter of the Paris Convention; (x) Trademarks which are excluded from registration pursuant to Union legislation or the laws of Malta, or to international agreements to which the Union or Malta is party, providing for protection of designations of origin and geographical indications; (xi) Trademarks which are excluded from registration pursuant to EU legislation or international agreements to which the Union is party, providing for protection of traditional terms for wine; (xii) Trademarks which are excluded from registration pursuant to Union legislation or international agreements to which the Union is party, providing for protection of traditional specialities guaranteed; (xiii) Trademarks which consist of, or reproduce in their essential elements, an earlier plant variety denomination registered in accordance with Union legislation or the laws of Malta, or international agreements to which the is party, providing protection for plant variety rights, and which are in respect of plant varieties of the same or closely related species; (xiv) Where the application for registration of the trademark was made in bad faith by the applicant; (xv) Where the use of that trademark may be prohibited pursuant to provisions of law other than trademark law of Malta or of the Union; (xvi) Where the trademark includes a sign of high symbolic value, in particular a religious symbol; (xvii) Where the trademark includes badges, emblems and escutcheons other than those covered by Article 6ter of the Paris Convention and which are of public interest, unless the consent of the competent authority to their registration has been given in conformity with the laws of Malta; (xviii) Where the trademark includes the arms, or any of the principal armorial bearings of the arms appertaining to the President or the Roman Catholic Archbishop of Malta, or any insignia or device so nearly resembling such arms or any such armorial bearing as to be likely to be mistaken for them or it; (xix) Where the trademark includes a representation of the Presidential or Episcopal flags; a representation of the President or the Archbishop, or any colourable imitation thereof; (xx) words, letters or devices likely to lead persons to think that the applicant either has or recently has had Presidential or Episcopal patronage or authorization;  (xxi) Trademarks which consist of a representation of the national flag of Malta.

Relative grounds for refusal of a trademark in Malta include:

• There is a prior application for registration or registration for an identical or confusingly similar mark in relation to the same goods or services as the subject mark
• There is a prior application for registration or registration for an identical or confusingly similar mark in relation to similar goods or services (although in a different class) as the subject mark
• Well-known mark: There is a well-known mark that is identical or so nearly resembling the subject mark for the same goods or services as the subject mark
• Well-known mark: There is an earlier registered mark that is well-known for different goods or services and the use of the subject mark would indicate a connection between goods or services covered by the subject mark with the proprietor of the well-known mark.
• Other: The subject mark identical with, or similar to, an earlier trademark irrespective of whether the goods or services for which the trademark is applied or registered are identical with, similar to or not similar to those for which the earlier trademark is protected, where the earlier trademark has a reputation in Malta or, in the case of an EU trademark, has a reputation in the Union and the use of the later trademark without due cause would take unfair advantage of, or be detrimental to, the distinctive character or the repute of the earlier trademark

The time period from application to registration in Malta is between 6-12 months. 

Yes, late renewal of trademark registration is permissible in Malta. There is a grace period of six months immediately following the expiry of the registration of the trademark or of the subsequent renewal thereof. In the case of a late renewal, the applicant would need to pay the normal renewal fee (currently EUR 93.17) plus an additional fee (currently EUR 34.94).

No, evidence of use does not need to be submitted to the trademark office in order to maintain an application for registration or registration of a trademark in Malta.

No, trademark licensees are not required to record themselves with the Registrar in Malta. However, recording of a license is recommended in order for that license, and the licensee’s rights to the particular trademark, to have effect vis-à-vis third parties. 

Available enforcement methods in Malta include:

• Civil enforcement
  • Infringement action
  • Passing off
• Criminal enforcement
• Border or other administrative enforcement measures

None identified.