Comparative Guides

Welcome to Mondaq Comparative Guides - your comparative global Q&A guide.

Our Comparative Guides provide an overview of some of the key points of law and practice and allow you to compare regulatory environments and laws across multiple jurisdictions.

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4. Results: Answers
Protection of foreign trademarks
Under what circumstances may foreign trademarks not registered in the jurisdiction be enforced (eg, under unfair competition law)?

Answer ... The laws of Malta ensure that any holder of a foreign trademark not registered in Malta may enforce its trademark rights in the Maltese jurisdiction. Such rights and protection are granted in accordance with the Commercial Code (Chapter 13 of the Laws of Malta), which prohibits traders from making use of any mark that is capable of creating confusion with another mark lawfully used by others in Malta, even where such other mark is not registered under the Malta Trademarks Act.

The laws of Malta also provide that the proprietor of a well-known trademark (as per the terms of the Paris Convention) is entitled to restrain by injunction the use in Malta of a trademark which is identical or similar, in whole or in essential part, to its trademark in relation to identical or similar goods or services, and is thereby likely to cause confusion.

For more information about this answer please contact: Silvana Zammit from Chetcuti Cauchi Advocates
Does the trademark office permit registration of a mark based on a foreign or international (Madrid) registration?

Answer ... Trademarks filed in a foreign country which is a member of the World Trade Organization or a signatory to the Paris Convention are granted a right to claim priority/seniority for the purposes of registering that trademark in Malta for any or all of the goods or services for which the application had been filed, for a prescribed period from the date of filing.

While Malta is not a signatory to the Madrid Protocol, it is indirectly effective in Malta, in that it has been signed by the European Union, of which Malta is a member state.

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