Comparative Guides
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Results: 4 Answers
Trademarks
1.
Legal framework
1.1
What is the statutory or other source of trademark rights?
 
Malta
The primary statutory source of trademark rights and protection in Malta is the Trademarks Act (Chapter 596 of the Laws of Malta), together with the applicable subsidiary legislation which regulates such rights. The Trademarks Act transposes EU Directive 2015/2436 of the European Parliament and of the Council of 16 December 2015 to approximate the laws of the Member States relating to trademarks. The Commercial Code (Chapter 13 of the Laws of Malta), the Enforcement of Intellectual Property Rights (Regulations) Act (Chapter 488 of the Laws of Malta) and the Intellectual Property Rights (Cross-Border Measures) Act (Chapter 414 of the Laws of Malta) are also important sources of trademark rights and protection.

For more information about this answer please contact: Silvana Zammit from Chetcuti Cauchi Advocates
1.2
How do trademark rights arise (ie, through use or registration)?
 
Malta
In accordance with the laws of Malta, trademark rights and protection arise through prior use and/or registration with the Industrial Property Registrations Directorate. Furthermore, in various circumstances, proprietors of trademarks registered in foreign countries may be granted trademark rights and protection in Malta.

For more information about this answer please contact: Silvana Zammit from Chetcuti Cauchi Advocates
1.3
What is the statutory or other source of the trademark registration scheme?
 
Malta
The statutory source of trademark registration in Malta is the Trademarks Act (Chapter 596 of the Laws of Malta), together with the applicable subsidiary legislation which regulates such rights.

For more information about this answer please contact: Silvana Zammit from Chetcuti Cauchi Advocates