Protecting your intellectual property rights: Trademarks

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December 03 08:45 2015 by The Editor Print This Article

Trademarks

According to Maltese Law, a trade mark is "any sign capable of being represented graphically which is capable of distinguishing goods or services of one undertaking from those of other undertakings. A trade mark may, in particular, consist of words (including personal names), figurative element, letters, numerals or the shape of goods or their packaging." (Trade marks Act, 2000)
 
Trade marks may comprise shapes of goods or their packaging, letters, words, figurative elements etc. The Maltese Trade marks Act does not allow multi-class applications, and a separate application must be filed for the same trade mark under each separate class of goods/services. Under Maltese law, trade marks are registered for a period of ten (10) years and are renewable for consecutive periods of ten (10) years. This, subject to the payment of a renewal fee.
 
To be registrable in Malta, a trademark must be:
  • a sign capable of being represented graphically; and
  • a sign capable of distinguishing goods or services of one undertaking from those of other undertakings.