GANADO’s Corporate team registers marks on a regular basis in the national trademark register for a variety of business organisations, especially in the international pharmaceutical and food industries. We provide guidance on the documents and formalities required for the registration and assignment of trademarks as well as a long-term trademark renewal service.
Our law on trademark registration is fully compliant with EU Directives on the subject. All signs capable of graphic representation and distinguishing the goods or services of one undertaking from another are inherently registrable, unless excluded by the absolute or relative grounds for refusal detailed in the law. Multi-class applications are not possible. Trademarks are registered for the duration of 10 years, renewable successively for 10 year periods, but non-use of a registered mark may have legal consequences prejudicial to the trademark proprietor’s rights: so a mark may become the subject of a revocation request if not put into commercial use in Malta within 5 years of registration or for an uninterrupted 5 year period. The official agency which deals with trademark matters is the MIPRD (Malta Industrial Property Registrations Directorate) with whom we have an excellent and ongoing professional rapport. It employs the Nice Classification (NCL) for purposes of classifying and registering marks; and when dealing with an applicant’s request for MIPRD’s reconsideration of a refusal to register, it typically considers both local and English precedent.
We are strongly active in providing a long-term trademark renewal service, and in this context one notes that our law permits the late renewal and restoration of trademarks.
GANADO also advises in respect of other intellectual property issues, namely copyright and franchise and distributorship agreements.