Answer ... The governing body that controls the registration process is the Industrial Property Registrations Directorate within the Malta Commerce Department.

Answer ... The filing fee applicable for the application of a trademark per class is €116.47.

Answer ... The Industrial Property Registrations Directorate adopts the Nice Classification in describing and classifying goods and services.

Answer ... The Trademarks Act provides that the applicant is obliged to specify the goods and/or services for which the trademark will be used in order to proceed with the registration. Nevertheless, the general indications included in the class headings of the Nice Classification or other general terms may be used, provided that they comply with the requisite standards of clarity and precision requested by the Industrial Property Registrations Directorate.

Answer ... The Trademarks Act provides that a trademark may be declared invalid should the application be made in bad faith.

Thus, while the applicant may lodge an application, the trademark may be revoked should the lack of good faith be proven.

Answer ... As part of the application process for registration of a trademark, the Industrial Property Registrations Directorate will examine the trademark applied for with a critical eye, especially with respect to any prior rights associated with the proposed trademark. From a practical point of view, the Industrial Property Registrations Directorate will evaluate whether the proposed trademark may potentially breach any rights associated with earlier registered trademarks or prior applications for the registration of trademarks, as registered or filed in Malta or with the EU Intellectual Property Office. The results of the search will be notified to the applicant, which may elect to withdraw the application. If the applicant does not withdraw the application, the Industrial Property Registrations Directorate will proceed with publication of the application. An opposition to registration may be subsequently filed by third parties with the Industrial Property Registrations Directorate.

Answer ... Further to question 3.6, the Industrial Property Registrations Directorate will examine the trademark application in order to determine whether it satisfies the requirements set out in the Trademarks Act. Nonetheless, it is at the discretion of the Industrial Property Registrations Directorate to request any further documentation it deems fit and necessary.

Answer ... Yes, in accordance with the laws of Malta, a trademark may not be registered if it violates public policy or morality, or if it is of a nature which may deceive the public as to the nature, quality or geographical origin of the goods and/or services. Furthermore, a trademark may not be registered if its use is prohibited in Malta through the application of rule of law or if the application was made in bad faith.

Answer ... No, the Industrial Property Registrations Directorate has one register which includes all trademarks registered in Malta.

Answer ... Sending a letter of protest to the applicant and/or the Industrial Property Registration Directorate is not prohibited and is thus possible. However, the prescribed procedure is that where the Industrial Property Registrations Directorate receives an application for registration of a trademark which is deemed potentially identical or similar to a previously registered mark, the Industrial Property Registrations Directorate will inform the applicant in relation thereto, which may elect to withdraw the application. If the applicant does not withdraw the application, the Industrial Property Registrations Directorate will proceed with publication of the application. A notice of opposition may then be filed with the Industrial Property Registrations Directorate within 60 working days of publication of the trademark application, claiming and providing evidence that the trademark applied for should be refused on relative grounds in accordance with the Trademarks Act.

Answer ... Under Maltese law, a trademark is liable to be declared invalid where the application for registration was made in bad faith. Accordingly, the applicant need only meet the prescribed requirements in order to register a trademark in Malta, without providing particular evidence of commercial use. Nevertheless, the registration may subsequently be revoked if the trademark is not put to genuine use in commerce in Malta for a period of five years from the date of registration, or if such use is suspended for a continuous five-year period.

Answer ... It generally takes about two to three months from the date of filing to the date of first action.

Answer ... Normally, it takes between five and six months from the date of filing to the date of registration.