Trademarks in Malta

Competent Authority & System

Official Authority: Commerce Department – Industrial Property Registrations Directorate (IPRD).

Official Languages: Maltese and English (English is standardly used for international and commercial trademark proceedings).

System: National IP system. As an EU Member State, national protection in Malta exists in parallel with European Union Trademarks (EUTM) administered by EUIPO.

International Treaties

Madrid System: Not a member. Malta is one of the few EU member states that is not a party to the Madrid Protocol or Madrid Agreement. International registrations designating Malta via WIPO are not possible. Protection must be obtained via direct national filing or an EU Trademark (EUTM).

Paris Convention: Member state; convention priority can be claimed within 6 months from the initial priority filing date.

Applicant & Representation Requirements

Entitlement: Both natural persons and legal entities (domestic or foreign) are eligible to apply.

Representation for Foreign Applicants: Non-resident applicants established outside the European Economic Area (EEA) must appoint a registered local trademark agent or representative established within the EEA.

Power of Attorney (POA): A simple signed Power of Attorney is accepted when requested; notarization or Legalization/Apostille is not required.

Online Services & Database

E-Filing: Electronic filing is operational via the official IPRD digital portal (IPS portal).

Free Trademark Search Database: Public searches are accessible free of charge via the official National Trademark Register, as well as TMview, EUIPO eSearch plus, and the WIPO Global Brand Database.

Registrable Mark Types

Types: Words, logos/figurative marks, combined signs, 3D shapes/packaging, color combinations, sound, motion, multimedia, pattern, and position marks capable of clear visual or digital representation in the register.

Foreign Characters & Translation: Applications with non-Latin scripts or foreign terms must include a transliteration into the Latin alphabet and a translation into English/Maltese.

Classification Framework

Nice Classification: Applies the active edition of the Nice Classification.

Multi-class Filings: Not permitted for national filings. Malta operates a single-class filing system, meaning a separate application and fee must be submitted for each Nice class.

Class Headings: Accepted, provided they comply with standard EU common practice (IP TRANSLATED principles) for clarity and precision.

Examination Process

Examination Scope:

Formal & Absolute Grounds: Examined ex officio by IPRD (distinctiveness, descriptiveness, genericness, public order, and deceptive signs).

Relative Grounds: IPRD does not refuse applications ex officio based on prior conflicting marks. Protection against confusingly similar prior marks is enforced exclusively through third-party opposition proceedings or post-grant cancellation.

Office Action Deadlines: Standard response time for formal deficiency notices or provisional refusal notices is typically 2 months from official notification.

Publication & Opposition

Opposition Window: 60 days (2 months) starting from the publication date of the application in the official IP gazette.

Standing: Owners of earlier registered national or EU trademarks, pending applications with earlier priority, well-known marks under Article 6bis of the Paris Convention, or trade names.

Official Opposition Fee: €50.

Timeline & Expedited Examination

Average Timeframe: Approximately 6 to 9 months from filing to registration in smooth cases without third-party oppositions or office objections.

Expedited Examination: Fast-track examination procedures are not standardly offered as a separate commercial paid service, but smooth digital filings proceed efficiently through IPRD workflows.

Official Fees

Official statutory fees at IPRD (single-class system):

Base Application Fee: €115 per application/class (covers 10 years).

Notice of Opposition Fee: €50.

Standard Renewal Fee: €90 per class for a 10-year period.

Duration & Renewal

Validity Period: 10 years calculated from the filing date.

Renewal Duration: Renewable indefinitely for consecutive 10-year terms. Renewal requests can be filed within 6 months prior to expiration.

Grace Period: A 6-month grace period post-expiration is allowed for late renewal, subject to an official late payment surcharge.

Use Requirements & Priority System

Priority System: First-to-file system.

Non-Use Cancellation: A registered trademark becomes subject to revocation on non-use grounds if it is not put to genuine commercial use in Malta for a continuous period of 5 years post-registration.

Declaration of Use: No periodic maintenance declarations or affidavits of use are required during routine 10-year renewals.

Post-Registration Transactions

Recordals: Rights assignments, licensing agreements, pledges, and changes of corporate details (name/address) must be officially registered in the Register at IPRD to be legally binding against third parties.

Legal Remedies & Enforcement

Cancellation & Invalidity: Non-use revocation actions and absolute/relative invalidity claims are filed administratively with IPRD or brought before the competent civil courts of Malta.

Customs Enforcement: Brand owners can submit border detention applications with Malta Customs under EU Customs Regulation (EU) No 608/2013 to intercept counterfeit or infringing goods at Maltese ports and airports.

Country-Specific Risks & Practical Insights

No Madrid System Access: Because Malta is not a member of the Madrid Protocol, brand managers cannot designate Malta ("MT") in WIPO international applications. Regional coverage must be secured via an EUTM or direct national filing with IPRD.

Single-Class Filing Requirement: Multi-class applications are prohibited under national law. If protection across 3 Nice classes is required, 3 separate national applications must be submitted.

No Ex Officio Relative Grounds Refusal: IPRD evaluates absolute grounds only. Watch services are essential to detect confusingly similar filings during the 60-day publication window.

This article is for informational purposes only and does not constitute legal advice or consultation. To receive personalized and in-depth guidance tailored to your specific situation, we invite you to schedule a consultation.

Malta is also covered by the EU trade mark, which protects a mark in all EU member countries with one filing. See regional systems.