Answer ... Unregistered trademarks are recognised under Maltese trademark law, in accordance with the general principles of Maltese law as codified in the Commercial Code (Chapter 13 of the Laws of Malta). In this respect, the Commercial Code provides that, regardless of whether a name, mark or distinctive device has been registered as a trademark, traders may not make use of any name, mark or distinctive device that is capable of creating confusion with any other name, mark or distinctive device lawfully used by others. In such instances, a trader that contravenes another’s rights is liable, at the choice of the injured party, either to an action for damages and interest or to a penalty. According to the circumstances of the case, the trader may also be liable to any other remedy capable of remedying the unlawful act.

Answer ... The Trademarks Act provides that a registered trademark is a property right obtained through registration of the trademark under the same act. The proprietor of a registered trademark enjoys the rights and remedies provided by the Trademarks Act.

In particular, registration of a trademark confers on the proprietor exclusive rights to use the registered trademark in relation to the goods and services for which the trademark is registered. Accordingly, among other things, the proprietor of a registered trademark is entitled to prevent unauthorised third parties from using in the course of trade any sign which is identical or similar to the registered trademark and used in relation to goods or services which are identical or similar to those for which the trademark is registered, provided that there is a likelihood of confusion on the part of the public.

Answer ... The Trademarks Act requires the designation or identifier to be distinctive. Descriptive marks are generally deemed to be in violation of this requirement and hence are not registerable.