What is a ‘trademark’?
Maltese law defines a trademark as any sign capable of being represented graphically which distinguishes goods and services of one undertaking from those of another. Such trademark may be comprised of words (including personal names), figurative elements, letters, numerals or the shape of goods or their packaging (get up).
Rights acquired by registering a trademark
When a proprietor registers his trademark, he acquires exclusive property rights on the trademark.
Multiclass applications are not admitted and applications for the registration of a trademark in respect of different goods and services must be made in a different application for each category. Goods and services are classified by the office according to the International Classification of Goods and Services for the Purposes of the Registration of Marks under the Nice Agreement.
Under the Trademarks Act, a person who has filed an application for protection of a trademark in a country, which is a member of the World Trade Organisation or a member of the Paris Convention for the Protection of Industrial Property, he or his successor in title, has the right to claim priority in registering the same trademark for any or all of the same goods or services for which the application has been filed. Such claim to priority is applicable for a period of six months from the date of filing of the first application.
The Trademarks has introduced a section which stipulates that the trademark or service mark applied for is being used by the applicant or with his/her consent, in relation to the goods or services stated in the respective application, or that there is a bona fide intention that the mark will be used.