Answer ... The trademark is registered for 10 years from the date of filing of the application. The registered trademark may thereafter be renewed for further 10-year periods at the request of the proprietor.
Answer ... Upon the expiration of the initial period of a registered trademark, the proprietor may apply to the Industrial Property Registrations Directorate to renew the registration for further 10-year periods. This request must be submitted to the Industrial Property Registrations Directorate accompanied by the appropriate renewal fee during the six months immediately preceding expiry of the registration or the subsequent renewal thereof.
Late renewal is also possible, if submitted within the six months immediately following expiry of the registration or the subsequent renewal thereof.
If the proprietor fails to renew the registered trademark within the aforementioned periods, the Industrial Property Registrations Directorate will remove it from the trademark register. However, the proprietor can still renew the registration by filing a request in relation thereto within six months of the date of removal, accompanied by the appropriate renewal fee and restoration fee.
Answer ... A registered trademark may be surrendered by the proprietor in respect of any or all of the goods or services for which it is registered.
A registered trademark that is not properly renewed will be removed from the register.
Additionally, the registration of a trademark may be revoked in various instances, including if:
- the trademark has not been put to genuine use in Malta for a period of five years from the date of registration; or
- use of the trademark has been suspended for a continuous five-year period.
A trademark registration may also be declared invalid if:
- the trademark has become the common name in trade for goods or services for which it is registered, through the inaction of the proprietor; or
- the trademark is liable to mislead the public, in particular as to the nature, quality or geographical origin of the goods or services.
Answer ... On reviewing the application for registration of a trademark, the Industrial Property Registrations Directorate may elect to refrain from registering the trademark on its own initiative and discretion if, among other things, the trademark is deemed to be devoid of distinctive character or consists exclusively of signs or indications which may serve in trade to designate the kind, quality, intended purpose, value or other characteristics of the goods or services.
Thereafter, upon approval and registration thereof, the Industrial Property Registrations Directorate may not cancel the trademark on its own initiative. However, a request for revocation or invalidity may be filed by any third party.
A registered trademark that is not properly renewed will be removed from the register by the Industrial Property Registrations Directorate.
Answer ... The aggrieved party should file a sworn application with the First Hall of the Civil Court seeking cancellation or revocation of a trademark registration.
Answer ... As is the case with all civil proceedings, the aggrieved party retains a right to appeal the decision before the Court of Appeal within the prescribed period from the issuance of the first judgment.