You have  Order(s) Waiting for Payment
Delete Order(s) View Order(s)
You have  item(s) in your Shopping Cart
Delete Items Check Out
False
Trademark Renewal
In Malta in order to maintain the validity of a trademark registration you must renew it every 10 years. The renewal process is fairly simple, you will need to provide trademark registration details and send us a power of attorney.
Fast and easy Process
Delivery of the official renewal acceptance receipt
Trademark attorneys in charge
Order
First Class
 
 
 
Additional class
0 0 0
Prices are in
Our Service
Attorneys
Attorneys
Each application will be handled by experienced local Trademark Attorneys ensuring that all legal requirements are met.
Legal Defenses
Legal Defenses
In the event that your trademark is objected, our Attorneys will inform you and advise you on the best possible option path.
Communications
Communications
You will be assigned a dedicated Account Manager that will be your point of contact for all communications.
Tracking
Tracking
In our admin panel, you will able to track and review the status of process of any requested service.
 Frequently Asked Questions
Trademark Registration
Plus
Is there a time frame for the trademark registration approval?

The average time frame for the registration approval is 12 months, if no objections or oppositions arise.

Plus
If I register my trademark in Malta, do I have protection in other territories?

Registered trademarks in Malta are protected in Malta, Comino and Gozo.

Plus
Do I need to sign a Power of Attorney?

Yes. Applicants must sign a Power of Attorney to complete the process.

Plus
Are there any benefits from a pre-filing use of the trademark?

Yes. Pre-filing use of a trademark provides the following benefits:

  • Demonstrate mark’s acquired distinctiveness
  • Overcome opposition based on non-distinctiveness
Plus
Will there be problems in case I don’t use my trademark after registration?

Yes. A registered trademark may be revoked on the ground of non-use.

Plus
What are the types of trademark that can be registered in Malta?

The following marks are registrable in Malta:

  • Words
  • Slogans
  • Names
  • Devices
  • Shapes with 3 dimensions
  • Collective marks
  • Service marks
  • Notorious marks
  • Certification marks
Plus
What are the phases of application after a trademark has been filed in Malta?

The trademark application goes through three phases namely examination, registration and publication. During the examination stage, the application is accepted or rejected according to its compliance with the requirements. Once the mark is registered, all details will be posted online through Trademark Office publication.

Plus
What type of trademark is not registrable?

The following marks are not registrable:

  • Generic words/terms
  • Marks that contradict standards of moral or public order
  • Marks that include name/flag/symbol of state/region/nation/international organization
  • Marks that lack distinctive qualities
  • Geographical names
Plus
Does Malta use the "Nice Classification" system?

The jurisdiction of Malta uses the system of Nice Classification.

Plus
Does the Community Trademark apply for Malta?

Yes. The Community Trademark takes effect in Malta.

Plus
Is there any possibility to claim priority in Malta?

Yes. It’s possible to claim priority if:

  • The home country of the applicant is a signatory of the Paris Convention
  • The date of home application is within 6 months earlier than the application date in Malta
Plus
What do I need to do to satisfy the use requirement?

Registered trademarks must be used within 5 years from the date of publication. Use must be for a commercial purpose and must take place within the territories of Malta.

Plus
Once my trademark has been registered, for how many years will be valid?

The registered trademark is valid for 10 years.

Plus
What will be the renewal date of my trademark?

The first renewal date is computed 10 years from the date the application was filed. Note that trademarks registered before January 1, 2001 must be renewed 14 years from the filing of application date.

Plus
Is it legal to use my trademark even if it is not yet registered?

Unregistered marks can be legally used for goods and services.

Plus
How many applications should I file?

The answer to this question depends on the characteristics of your mark, your budget and the scope of protection that you would like to have in Malta.

If your trademark contains distinctive verbal elements (text) as well as design elements (graphics or logos) and you wish both to be protected, our recommendation is to file two trademark applications; one to protect just the verbal elements (the application will be filed as “Word Mark”) and another to protect just the design elements (the application will be filed as “Combined Mark”).

In this case, proceeding with two trademark applications has the following advantages:

  1. Broader and stronger protection. If a third party files a “Combined Mark” with very similar text to yours but different design, their “Combined Mark” could be accepted for registration if you only filed a “Combined Mark” and not a “Word Mark,” because in its entirety the third party’s mark is still considered different from yours.
  2. You will be protected if your logo evolves. It is common for companies to change the design of their logo with time. If you file a “Combined Mark” and not a “Word Mark,” your new logo will not be protected. You must use your trademark exactly as registered; if you don’t, your trademark may be subject to cancellation.
  3. Effective verbal and graphics protection. Filing a “Word Mark” application provides greater flexibility to use your mark in different ways, whether it is presenting it in stylized text or presenting it with different designs (as long as they are not too similar to registered trademarks that belong to third parties). At the same time, filing a “Combined Mark” allows you to protect the design elements of your mark.

If your trademark also contains a slogan or a distinctive design symbol, we suggest you file a specific application for each, as this will give you additional protection.

Plus
Does having a registered trademark in Malta give me any right?

The “first to use” rule applies in Malta. Registration is not necessary in order to obtain trademark rights.

Plus
What is the web address of the trademark national office?

Visit this link to access Malta’s trademark national office: http://www.commerce.gov.mt/

Plus
Is there any need to use my trademark before I apply for registration?

Yes. Intent to use or actual use of mark is required for registration.

Plus
Can a Trademark Application be opposed?

Opposition is not possible.

Plus
Who can contest my trademark application?

Nobody can contest a trademark application.

Plus
Is it possible to cancel a registration?

Yes. A trademark’s registration may be cancelled on the following grounds:

  • Violation of proprietary rights
  • Breach of copyright
  • Violation of rights in a design
  • Violation of Article 6bis of the Paris Convention, Article 6ter of the Paris Convention, Article 6septies of the Paris Convention, Article 8 of the Paris Convention
  • Mark is generic, functional, descriptive, deceptive or misleading
  • Violation of public order or against moral standards
  • Unsatisfied use requirements based on Section VIII.A.
  • Inclusion of geographical indication
Plus
Are there any rights established by having a registered trademark?

Registration of trademark helps the owner obtain the following rights:

  • Exclusive right to use the mark
  • Right to oppose conflicting later applications
  • Right to request a cancellation against conflicting later registrations
  • Right to take legal actions against infringing parties
  • Right to obtain financial compensation from infringing parties
  • Right to license third parties to use the mark
  • Right to request for seizure of counterfeit goods
Plus
How long is the opposition period?

There is no provision for opposition.

Plus
Is Malta a member of the Madrid System?

Malta is not a signatory of the Madrid System.

Plus
Do I need to present periodic statement of use?

Periodic statements of use, declaration of use and other similar filings are not a requirement.

Plus
When should I renew my trademark?

Renewals are done 10 years or 14 years from the date of filing of application. See note above.

Plus
What will be the renewal date of my trademark?

The first renewal date is computed 10 years from the date the application was filed. Note that trademarks registered before January 1, 2001 must be renewed 14 years from the filing of application date.

Plus
Is there any documentation that should be presented when renewing a trademark?

The following documents are required for renewal:

  • Proprietor’s name and address
  • Renewal due date
  • Trademark number
Plus
If my trademark expires, do I have a grace period?

There is a 6-month grace period given for expired trademarks.

Basic Questions
Plus
What is a trademark?

A trademark identifies products and services in order to distinguish them in the market. The name, the verbal element, is not the only component that distinguishes a trademark; figurative elements such as logos, design, images, colors and sounds also create an identity that can be protected through trademark registration.

 With the registration, the owner (person or company) becomes the owner of the trademark. The registration is given for a particular country/territory, for certain products or services and for a specific term. While the registration is in force, only the owner may use the trademark in the market where the trademark is registered.

 Some symbols to consider:

® Means the trademark is registered.

TM Some countries use this symbol to show that the trademark has been filed at the trademarks office and is still undergoing the registration process.

SM Some countries use this symbol to show that the service mark has been filed at the trademarks office and is still undergoing the registration process.

Plus
What is the difference between a trademark, patent and copyright ?

There are many ways to lay claim to your work. Trademarks, patents, and copyrights offer protection for owners of intellectual property. A trademark helps people find your goods and services. When recognized as a registered mark, it protects your right to exclusively use the image, logo, phrases, or words to distinguish your goods or a service in the market.

patent safeguards ideas and inventions. It gives a creator or inventor exclusive rights that prevent other people from making, using, or profiting in any way from an invention or creative innovation without the consent of the inventor.

You cannot patent an idea because we all have them. You must materialize your concept into a tangible invention, innovative product, device, or process that offers new solutions to a problem to secure a patent.

Copyright protect published, performed, or printed creative works. People who produce artistic or musical work seek to protect their “right” to stop others from “copying” what they do. Copyright protection protects any original creative works of authors including:

  1. a) artwork (2 or 3 dimensional),
  2. b) photographs, graphic drawings, and designs as well as other forms of creativity;
  3. c) songs, music, and sound recordings of all kinds;
  4. d) books, manuscripts, publications, and another written work; and
  5. e) plays, movies, shows, and other performance arts.

 

A trademark, patent, or copyright are all examples of ways you protect your intellectual property. Your right to control and benefit from your efforts are increasingly important in our global economy. Registering a formal claim to your property is a critical step in protecting what you own.

Plus
What is the difference between TM, SM, ® and other symbols?

You recognize a registered trademark by the symbol of a circle-R following the trademark name or graphic image. Various typographic symbols show copyrights and patents. The presence or absence of a symbol does not change the validity of the registration, but a best practice is to use a circle-R or circle-C for copyrights every time you mention your intellectual property in print. These symbols give legal grounds for claiming damages in trademark litigation. The following is a list of some typical marks you can use on a web page, in written content, or even in a marketing letter.

  • TM: The TM sign shows the brand name for an unregistered trademark classified as a product (classes 1 to 34). The owner uses this sign to mark what they believe is their brand mark.
  • SM: The SM sign is identical to the TM sign except it designates a service mark (classes 35 to 45).
  • ®: ®: Use the ® symbol once you register a trademark or service mark. It shows that the country authority has approved the registration.
  • ©: Use the © symbol to mark a copyright. The word copyright is substitute sign for Follow it with the year of the publication and owner's name. Use it whether the work has obtained copyright registration or not.
  • Patent Pending: The phrase Patent Pending shows that you filed a patent application but cannot guarantee the application's approval.
Plus
What are trademark classes?

Trademark Offices around the world use classes to divide commercial products and services into defined categories.  When you apply for your trademark to protect your brand, you must define the class or classes that you believe are best describe your business activity. 

There are 45 classes – 34 for products and 11 for services – which countries from around the world have standardized for international use under the "Nice International Classification".

These classes group all known products and services. You can register the same trademark if there are similar classes, for example, you may register the trademark KING for computers in class 23, and you can also register the same trademark in class 24 for cosmetics. 

Trademark protection only extends to commercial use within your specified classes.  It is possible, then for two entities conducting business in different classes to use the identical or similar trademarks and for each entity to enjoy full trademark protection in their respective classes. You can choose multiple classes under which to conduct business if you feel the protection must extend beyond only one class.

You can perform a search of your class with the following tool Trademark Class Search

 
Trademark Search
Plus
Why do I need to perform a trademark search?

Once you have a product or service and think you have a name for it, how do you know you can use it as your own? What happens if you unintentionally use a registered trademark name? In the United States, under what common law, people can lay claim to a mark if they use it. It is not necessary to formally register a trademark. This fact and the sovereignty states have over the creation of chartered business entities and trade names, makes a trademark search imperative before one spends time and money registered a trademark.     

Too many people use a name without knowing if they have legal coverage, and they put up big marketing campaigns with names that later they find they cannot use. Performing a Comprehensive Search Study before you decide to register your brand mark is a wise decision especially when you consider future risks of litigation. 

It is a good idea to conduct a Study before you start doing business with a trademark.  It may not be in your best interest to use a mark if another company is already actively conducting business in the same class.  That company may be able to object to your use of the trademark and prohibit you from using the mark in a court of law.

 
Plus
What is a preliminary trademark search?

Your preliminary trademark search is an important first step before you spend time and money considering whether to apply for a potential trademark or not.

If you have trademark experience, you can use free online resources like our Trademark Searchengine, or the Trademark Electronic Search System(TESS) offered to the public by the US Patent and Trademark Office(USPTO) to search for existing marks that are identical to your planned trademark. While preliminary trademark searches are a critical part of your registration process, a successful search that show no conflicts with identical marks does not necessarily mean the Trademark Office will not reject your registration application. 

if you have little or no experience dealing with trademarks, we suggest you find a professional help. Our company offers the offers the service Trademark Comprehensive Study. The Study will give you details about the classes where might want to register your trademark, it will also list of identical and similar trademarks, and finally it will provide you an Attorney's recommendation about registration possibilities and use of your trademark.

Plus
How do I perform a trademark search?

First, we recommend your start by defining the class you want to register. You can find your class, using our Trademark Class Search tool. Using this tool you enter your product/service, and it will tell you the class or classes you should register.

After you have found your class(es), you can go directly to your country's Trademark Office and perform the search there. You can also try our Trademark Search engines. 

When searching, try different combinations of your name. For example, if you are searching for AMAZON, look for AMASON, HAMAZON, or similar word patterns. Try several different combinations of words and spellings.

Notice that several countries do not have online trademarks databases. You must go to local Trademark Office and ask for a list of trademarks.

Trademark Search may be challenging and time-consuming and, if you do not have the time or experience, our company offers the service Trademark Comprehensive Study. The Study will give you details about the classes where you might want to register your trademark, it will also include a list of identical and similar trademarks, and finally it will provide you an Attorney's recommendation about registration possibilities and use of your trademark.

Plus
Do I need an Attorney to perform a Trademark Search?

No, you don’t, but if you have little or no experience dealing with trademarks, we suggest you find a professional help. Our company offers the offers the service Trademark Comprehensive Study. The Study will give you details about the classes where might want to register your trademark, it will also list of identical and similar trademarks, and finally it will provide you an Attorney's recommendation about registration possibilities and use of your trademark.

 
Plus
Where can I perform a trademark search?

If you have some knowledge about trademark registration, you can search using our Trademark Search engine. If not, we recommend hiring a trademark attorney or trademark service like Marcaria.com to handle your trademark registration requirements, especially a trademark search because the entire process is complex and takes time.

Notice that if you do not complete the application process carefully, the registration process could be extended many months and cost far more than you intended to pay. The trademark search is a critical part of the process.

A broad trademark search is essential in today's marketplace given the increasing number of unregistered and common law marks. Globalization of markets also raises the question of entering international markets and registration of marks in foreign countries to protect your brand and your property rights.

You need to understand that even a completed comprehensive trademark search does not guarantee acceptance and registration of your mark. A Marcaria.com Trademark Comprehensive Study includes a more extensive review process and, more significantly, a formal opinion estimating the probability of your application's acceptance.

 

View all

viewall