The short answer
A Maltese trade mark is registered for 10 years from the date of filing and renewed for 10-year periods. The renewal request and fee can be paid up to 6 months before expiry, or within a further 6 months after with an additional fee. A mark is liable to revocation after 5 continuous years without genuine use in Malta. Parties need an official address in the European Economic Area.
Trademark deadlines in Malta at a glance
These rules come from the Trademarks Act (Cap. 597 of the Laws of Malta, Act XII of 2019 as amended by Act XXXV of 2023), in the official English text on legislation.mt. The opposition deadline and some procedures are set by the Trademark Rules, so we confirm those and the current fees with the Registry before we file.
| Question | Answer |
|---|---|
| How long does a trademark last? | 10 years from the date of filing, renewable for further 10-year periods (Article 57). |
| Which date does the term count from? | The date of filing of the application (Article 57(1)). A mark is registered as of the filing date, and that date is deemed to be the date of registration (Article 56(3)). |
| When can I renew? | The renewal request and fees must be submitted within 6 months before the expiry date. The Comptroller informs the proprietor at least 6 months before expiry but is not liable if it does not (Article 58). |
| Is there a grace period? | Yes. If the request is missed, it may be submitted within a further 6 months after expiry, with the renewal fees and an additional fee. After that the mark is removed from the register (Article 58(3) and (5)). |
| Opposition period | The proprietor of an earlier mark, or the holder of an earlier right such as a protected geographical indication, can file a notice of opposition before the Comptroller. The time limit is set by the Trademark Rules, and commentators report 3 months (90 days) from publication, so we confirm it from the current Rules. The parties can jointly ask for up to 90 working days to settle (Article 50). |
| Reply to an office action | If the application does not meet the requirements, the Comptroller informs the applicant and sets a period to make representations or amend it. If the applicant does not respond in time, the application is refused (Article 48). |
| Priority claim | Convention priority applies for 6 months from the first filing in a WTO member or Paris Convention country. The first filing date counts for deciding which rights take precedence (Article 46). |
| Non-use | A mark is liable to revocation if, within a continuous 5-year period, it has not been put to genuine use in Malta for the registered goods or services without proper reasons. Use that starts or resumes before the revocation action protects the mark, except a start within the last 3 months before the action (Article 29). |
| Assignment | A registered mark can be transferred separately from the business, for some or all goods or services. An assignment is not effective unless it is in writing signed by the assignor. Transactions are recorded in the register under the Act and the Rules (Articles 34 and 35). |
Who can register a trademark in Malta
Any person can apply for a trademark that meets the requirements of the Act. An application can be filed for one or more classes of goods and services, and the Comptroller decides class questions finally (Article 45).
Representation. Parties to the proceedings or their representatives must designate an official address for communications with the Comptroller, and that address must be in the European Economic Area (Article 55). A foreign owner therefore needs a Maltese agent or another EEA address.
Trademark registration process in Malta
Search
- Search the the Comptroller of Industrial Property (Industrial Property Registrations Directorate) records for identical or similar marks in your classes.
File the application
- File with the the Comptroller of Industrial Property (Industrial Property Registrations Directorate), through your Maltese trade mark agent.
- Claim priority at filing if you filed abroad recently.
Examination
- The office examines the application and tells you in writing if there is a problem. We reply within the time set in the notice.
Publication and opposition
- An accepted application is published.
- After acceptance and publication, earlier-right holders can oppose before the Comptroller within the time in the Rules (Article 50).
Registration
- If there is no opposition, or it fails, the mark is registered and a certificate is issued.
Official fees are set by the the Comptroller of Industrial Property (Industrial Property Registrations Directorate) and change. We confirm the current fee for your classes before we quote, so the figure you see is the one that applies on the day.
Malta trademark validity and renewal
- The term is 10 years from the filing date.
- Request renewal in the 6 months before expiry.
- You can still renew within 6 months after expiry with an additional fee.
- Use the mark in Malta to avoid revocation after 5 continuous years.
Diarise the expiry date from the date stated on your certificate and renew early.
Assignment, licence and changes to a Maltese trademark
Assignment
Change of ownership
It must be in writing and signed, and is recorded in the register (Articles 34 and 35).
Licence
Licensing the mark
A licence can be exclusive or non-exclusive and for some or all goods (Article 39).
Alteration
Name or address changes
The Comptroller can allow a change of the proprietor's name or address in the mark if its identity is not affected (Article 59).
Surrender
Giving up goods or the mark
The proprietor can surrender the mark for some or all goods (Article 60).
Non-use and cancellation of a Maltese trademark
Revocation and invalidity actions can be brought before the Comptroller or the First Hall of the Civil Court (Article 52). A mark is liable to revocation for 5 continuous years of non-use (Article 29). A declaration of invalidity can be filed on absolute or relative grounds, and the earlier mark must show genuine use if asked (Article 53).
Keep dated proof of use in Malta: invoices, packaging, advertising and website pages that show the mark with the goods or services.
How to check a trademark in Malta
Search the trademark register of the Industrial Property Registrations Directorate. Applications and registrations are published in the prescribed manner, and the opposition period runs from publication.
Sources used
- Trademarks Act (Cap. 597), English text on legislation.mt (Act XII of 2019, amended by Act XXXV of 2023): Articles 29, 34, 35, 39, 45, 46, 48, 50, 52, 53, 55 to 60.
- Industrial Property Registrations Directorate and the Trademark Rules 2021 for the opposition period and current fees.
Malta trademark FAQ
How long does a trademark last in Malta, and from when?
10 years from the date of filing, renewable for further 10-year periods (Article 57). It counts from the filing date (Articles 56(3) and 57(1)).
When should I renew a Maltese trademark, and is there a grace period?
The renewal request and fees must be submitted within 6 months before the expiry date. The Comptroller informs the proprietor at least 6 months before expiry but is not liable if it does not (Article 58).
What is the opposition period in Malta?
The proprietor of an earlier mark, or the holder of an earlier right such as a protected geographical indication, can file a notice of opposition before the Comptroller. The time limit is set by the Trademark Rules, and commentators report 3 months (90 days) from publication, so we confirm it from the current Rules. The parties can jointly ask for up to 90 working days to settle (Article 50).
How much does it cost to register a trademark in Malta?
The official fee is set by the the Comptroller of Industrial Property (Industrial Property Registrations Directorate) and changes. We confirm the current fee for your classes and quote the full cost before filing.
Can a foreign company register a trademark in Malta?
Yes. A party to the proceedings must have an official address in the European Economic Area (Article 55). We file through a Maltese trade mark agent, who provides the address.
Can I assign a Maltese trademark?
A registered mark can be transferred separately from the business, for some or all goods or services. An assignment is not effective unless it is in writing signed by the assignor. Transactions are recorded in the register under the Act and the Rules (Articles 34 and 35).
Can a Maltese trademark be cancelled for non-use?
A mark is liable to revocation if, within a continuous 5-year period, it has not been put to genuine use in Malta for the registered goods or services without proper reasons. Use that starts or resumes before the revocation action protects the mark, except a start within the last 3 months before the action (Article 29).
How can I check the status of a Maltese trademark?
Use the the Comptroller of Industrial Property (Industrial Property Registrations Directorate) register and check the publication, registration and renewal dates.
Can I claim priority from my home country?
Convention priority applies for 6 months from the first filing in a WTO member or Paris Convention country. The first filing date counts for deciding which rights take precedence (Article 46).
How do I change the owner's name or address?
Record the change with the the Comptroller of Industrial Property (Industrial Property Registrations Directorate) so notices and renewal reminders reach the right address. Ask us for the current form.
Protect your brand in Malta
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