In Malta, rights arise from first use: the person or company that first uses the mark in Maltese territory is the one who initially acquires rights. However, even though registration is not legally mandatory, in practice it is strongly recommended.
Registering your trademark:
- Clearly establishes ownership, giving you a legal presumption that you are the rightful owner.
- Helps prevent future disputes about who owns the mark.
- Makes it easier to act against infringement or misuse by third parties.
You can obtain protection either by:
- Filing locally in Malta, through the Commerce Department IPS, or
- Filing a European Union Trademark (EUTM), which gives protection in Malta and all other EU member states.
If you file a combined trademark (word + logo), your exclusive right is limited to that exact configuration. If you also want to protect the word or the figurative element separately, it is advisable to file additional trademarks for those elements alone.