Trademark Oppositions in Malta

Cancellations in national trademark registration procedure in Malta

A trademark is any sign that can be represented graphically and capable of distinguishing goods or services.

After filing the trademark application, there is an examination step in which the examiners from the Patent and Trademark Office checks the proposed description of goods and/or services associated with the given mark and decides whether it can be registered or not.

Please note that, in Malta, trademark oppositions are not available.

The alternatives that an opponent can use are the cancellation, revaluation or invalidation.

The cancellation or any equivalent procedure should be based on relative and absolute grounds, on non-use, bad faith issues, conflicting copyright or design rights; rights under Art. 6 bis of the Paris Convention or notorious or well-known mark;  rights under Art. 6 septies of the Paris Convention, rights under Art. 8 of the Paris Convention; rights in a registered company name (local or foreign).

The deadline for commencing available cancellation or equivalent procedures is five years after the date of registration. In case of non-use grounds, the term is after five years of non-use.

If you are facing oppositions in national trademark registration procedure in Malta, please contact us at office@trademark-oppositions.com.