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
Trademarks
9.
Licensing
9.1
Are there particular requirements, such as quality control by the licensor, for a trademark licence to be valid?
Malta

Answer ... No. A trademark granted in accordance with the Trademarks Act is a property right which may be licensed to third parties, exclusively or non-exclusively, at the proprietor’s sole discretion for some or all of the goods or services for which it is registered, and for the whole or part of Malta.

For more information about this answer please contact: Silvana Zammit from Chetcuti Cauchi Advocates
9.2
Must trademark licences be recorded with the trademark office or other governing body?
Malta

Answer ... A licence to use a registered trademark may be general or limited and exclusive or non-exclusive. The parties must notify the Industrial Property Registrations Directorate of the execution of a licensing agreement in relation to a registered trademark.

For more information about this answer please contact: Silvana Zammit from Chetcuti Cauchi Advocates
9.3
Can a licensor lose its rights in a trademark by failing to comply with its obligations under the licence, such as maintaining quality control?
Malta

Answer ... The licensor may have his rights to the trademark attacked in a number of instances outlined at law, including as an example, in cases where the trademark is not put to genuine use for period of five years. The law does not specifically provide for situations where the licensor can lose the right to the trademark in cases of non-compliance with obligations under the licence provided to licensees. This does not exclude the licensor being liable for any damages caused to the licensee in cases of breach of obligations outlined in the licensing agreement.

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