Malta trademark registration | EU trademark registration
Registration, amendments & renewals of Malta & EU trademarks
Trademark registration is an important way of protecting a brand since
it gives the trade mark owner exclusive rights over the tradename/logo
enabling him to prevent third parties from using it.
SERVICES
OFFERED : TRADEMARKS
- Trademark Registration
(Malta/EU);
- Searches in trademark registers;
- Trademark renewals (Malta/EU);
- Amendments to pending applications, changes in registration details, oppositions and assignments.
Although we are normally engaged directly by
businesses who seek trademark protection, ACS also cooperates with a
number of intellectual property experts who seek our services in a
number of areas such as searches in the Malta Register, registration of
Malta Trademarks and other issues.
FAQs -
TRADEMARKS
What is a
Trademark?
A trade mark is a
sign which serves to distinguish the goods and services of one
organization from those of another. Trade marks are words, logos,
devices or other distinctive features which can be represented
graphically. A trade mark has three essential
functions:
- it identifies the origin of goods and services
- it guarantees consistent quality by showing an organisation’s commitment to its users and consumers
- it is a form of communication, a basis for publicity and advertising.
Why Register my
trademark ?
Trade mark registration is
one of the strongest ways to defend a brand; a way to ensure that no one
else uses it. Infact the proprietor of a registered trademark has
exclusive rights in that trademark and has powerful legal remedies which
serve to protect this right. These are the main advantages of
registering a trademark:
- Enables traders to protect their marks before they are put on the market;
- Once registered, there is a presumption (though not a guarantee) that the registration is valid;
- It reduces the possibility of disputes and
confers on the proprietor increased certainty, because the registration
determines the scope of the property protected as a
trademark.
Should I register my domain name also as a
trademark?
Yes, this is highly
recommended. Firstly the protection granted by a trademark is of a more
general nature and would entitle the owner of a registered trademark to
sue any person who infringes his trademark in the course of trade.
Moreover, although the domain name owner is normally entitled to an
absolute monopoly on the location that domain name resolves to, there
have been cases where, after lengthy and costly legal battles, trademark
owners managed to stop third parties from using registered domain names
which referred to their goodwill.
Therefore, in order to avoid cybersquatting, (which may result in the transfer or cancellation of the domain name, and possibly damages) it is best to register the domain name as a trademark, provided the domain name has the essential elements of a trademark, especially distinctiveness.
What types of Trademarks can be registered
?
ACS offers the possibility of
registering Malta Trademarks and Community TradeMarks. The
biggest difference between the two types of trademarks is the
geographical scope of protection.
Should I register my trademark in Malta or
in the EU?
Trademarks are territorial rights. This means that they must be
registered separately in each country in which protection is desired.
- Registering a trademark
in Malta
The territorial protection given by Maltese trademark is limited to the Maltese islands. Such a registration, is cheaper than a Community Trademark and is recommended for companies which operate and intend to continue operating only in Malta (e.g. we have registered such trademarks for example for real estate companies which only operate locally).
- Registering
an EU Trademark
A Community Trademark (CTM) is registered in terms of the Community Trademark Regulation with the Office for Harmonisation of the Internal Market (OHIM) in Alicante (Spain).
The Community Trade Mark system provides for one single registration procedure, which grants its owner an exclusive right in the 27 Member States of the European Union. Therefore, instead of registering a national trademark in every Member State of the EU, it is possible to register one trademark which is granted protection in all the Member States of the EU (Austria, Belgium, Bulgaria, Cyprus, Czech Republic, Denmark, Estonia, Finland, France, Germany, Greece, Hungary, Ireland, Italy, Latvia, Lithuania, Luxembourg, Malta, Poland, Portugal, Romania, Slovakia, Slovenia, Spain, Sweden, The Netherlands, United Kingdom.)
This CTM system of registration is recommended in cases of businesses which operate, or intend to operate in a number of EU Member States.
For how long is a
trademark valid?
A CTM is normally valid
for a period of 10 years, but it may be renewed indefinitely for
periods of 10 years. However, it is important that the trademark be put
to ‘genuine use’ within a period of 5 years following
registration.
How do I increase the possibility that my trade mark request
is accepted?
It is often advisable to
seek expert advice and perform searches prior to the lodging of any
trademark application to have a better chance of a successful
application. The authorities entrusted with registering the trademark
will reject the application if the sign/trademark lacks certain
characteristics (absolute grounds of refusal) or if it is identical or
similar to a previously registered trademark covering the same/similar
goods or services (relative grounds of refusal). For this reason ACS
offers the opportunity of compiling a feasibility report which advices
on the best way of proceeding with the trademark request. This report
would include:
- Identification of the proper class and category for the
trademark’s registration (this is extremely important, since a business
may not be protected if the registration does not cover the appropriate
class(es) in which it operates);
- Advice as to whether, in our opinion, there appears
to be a prima facie ground for refusal (e.g lack of a distinctive
character);
- Searches of possible similar existing registered
trademarks; The raison d’etre of the search is to ascertain whether or
not there exists an identical or similar mark registered in the same or
dissimilar classes that you seek protection in.
- Recommendations about registration possibilities;
Fees and Expenses
Please contact us to for information about
the fees and expenses involved in registering a trademark. We offer
extremely competitive rates.
