Trademark Registration in Malta: Your Brand’s Best Move

In today’s globalized economy, trademark registration in Malta is a critical step for businesses and entrepreneurs looking to protect their brand identity across Europe and beyond. Malta, a well-regarded EU member state with a robust legal framework, offers a streamlined and EU-harmonised trademark system. Whether you're a local startup or a foreign investor, understanding the process and benefits of securing a trademark in Malta is essential.

This blog will guide you through every aspect of registering a trademark in Malta, including procedures, costs, benefits, and how to conduct a Malta trademark search effectively.

Why Choose Malta for Trademark Registration?

Malta is not only a gateway to the European market but also a jurisdiction that prides itself on legal clarity and efficient administration. The Malta trademark office, operating under the Commerce Department within the Ministry for the Economy, offers a clear and transparent registration system.

Benefits of trademark registration in Malta include:

• EU-wide Protection: Trademark protection in Malta is territorial. To obtain EU-wide protection, a separate application must be filed with the EUIPO, or Malta may be designated under the Madrid Protocol.
• Legal Security: You gain exclusive rights to use your brand in Malta and enforce those rights.
• Business Credibility: Registered trademarks can enhance consumer trust and investor confidence.
• Asset Value: Trademarks become intellectual property assets that can be sold, licensed, or franchised.

Choose Malta for Trademark Registration

Understanding the Trademark System in Malta

Trademark law in Malta aligns with EU Directives and international treaties such as the Paris Convention and the Madrid Protocol. You can register a national trademark, an EU trademark via EUIPO, or an international trademark designating Malta.

The Malta trademark office is responsible for:

• Accepting and examining applications
• Maintaining the national trademark register
• Handling oppositions, renewals, and cancellations

Trademark protection in Malta lasts for 10 years and can be renewed indefinitely for successive 10-year periods.

Trademark in Malta: What Can Be Registered?

To qualify for trademark registration in Malta, a trademark must:

• Distinctive: Capable of distinguishing your goods/services from others
• Graphically Represented: This includes words, logos, slogans, sounds, or a combination
• Not Deceptive or Contrary to Public Policy
• Not Identical or Confusingly Similar to existing trademarks

Types of trademarks accepted include:

• Word Marks (brand names)
• Figurative Marks (logos)
• Shape Marks (product packaging)
• Sound Marks (audio branding)
• Combined Marks (word + image)

Non-traditional marks like sounds or shapes are acceptable under Maltese law but may face higher scrutiny and require evidence of acquired distinctiveness.

Types of trademarks accepted in Malta

Step-by-Step Guide to Trademark Registration in Malta

Here is how to successfully file a trademark application with the Malta Trademark Office:

1. Conduct a Malta Trademark Search

Before filing your application, conduct a Malta trademark search to avoid conflicts with existing registered trademarks. This search can be done through:

• The National Trademark Register is maintained by the Ministry of Commerce
• The EUIPO database (for cross-border protection)
• The WIPO Global Brand Database (for international marks)

Tip: A preliminary clearance search helps reduce opposition risks and saves time.

2. Prepare Your Application

Your application should include:

• The applicant’s full name and address
• A clear representation of the trademark
• List of goods/services classified according to the Nice Classification
• A declaration of use (optional but recommended)
• Power of Attorney (if using a representative)

Applications can be submitted online via the Malta trademark office portal or manually.

3. Pay the Official Fees

As of 2025, the government fees for trademark registration in Malta are:

• €115 for the first class
• €35 for each additional class

Renewal fees are €150 per class.

4. Formal Examination

The Malta IP Office examines the application for compliance, distinctiveness, and conflicting rights. If any issues arise, the applicant is notified with an opportunity to respond.

5. Publication and Opposition Period

Accepted applications are published in the Industrial Property Registrations Journal. There is a three-month opposition window during which third parties may challenge the application based on prior rights. During the opposition period, third parties can object based on earlier rights, likelihood of confusion, or bad faith claims. Legal representation is recommended for such disputes.

6. Registration and Issuance of Certificate

If no oppositions are filed (or resolved), the trademark is registered, and the certificate of registration is issued. The mark is protected for 10 years from the filing date.

Guide to Trademark Registration in Malta

Post-Registration Trademark Responsibilities

Once your trademark registration in Malta is complete, you should:

• Use the ® symbol to denote a registered trademark
• Monitor for infringement or unauthorized use
• Renew your mark every 10 years
• Maintain accurate records of use, especially if challenged

Failure to use a registered trademark for five consecutive years may result in cancellation due to non-use.

Trademark Enforcement in Malta

Trademark owners have several enforcement options in Malta:

• Cease and Desist Letters: First step in dispute resolution
• Administrative Proceedings: Via the Malta trademark office
• Civil Litigation: Through the Maltese courts
• Border Measures: To prevent the importation of counterfeit goods

Damages, injunctions, and destruction of infringing goods can be awarded through the courts.

Malta Trademark Search: Best Practices

A Malta trademark search is not legally required, but highly recommended. To maximize accuracy:

• Use the national trademark database
• Search phonetically and visually similar marks
• Review EUIPO and international databases if you plan to expand
• Seek help from IP professionals for a comprehensive analysis

Trademark clearance searches can prevent future legal disputes and are a wise first step in your branding journey.

Note: Although not legally required, conducting a trademark clearance search is considered best practice. Failing to search may result in costly oppositions, legal challenges, or rebranding.

Malta Trademark Search in 2025

Trademark Registration Timeline in Malta (2025 update)

Step	Timeframe
Trademark Search	1–3 days
Application Filing	Immediate
Examination Period	4–6 weeks
Opposition Period	3 months
Registration Certificate	~6–8 months total

Note: Times may vary depending on the complexity of the mark and any oppositions.

Common Mistakes to Avoid

• Skipping the Malta trademark search: This increases risk of rejection or legal disputes.
• Improper classification of goods/services: Use the Nice Classification correctly.
• Failing to monitor and renew: Letting your mark lapse can open the door to competitors.
• Using a confusingly similar trademark: This can result in opposition and legal challenges.
• Not appointing a local representative: Foreign applicants must appoint a local representative with a Malta address for service of legal documents, especially in case of opposition or litigation.

Final Thoughts

Registering a trademark in Malta offers solid legal protection, access to EU markets, and a credible brand image. Whether you’re a local entrepreneur or an international business, investing in trademark registration in Malta is a smart step for brand success.

By leveraging the resources of the Malta trademark office, conducting a proper Malta trademark search, and following the registration steps carefully, you can safeguard your intellectual property and pave the way for growth in a competitive global market.

For those seeking guidance with trademark procedures, Offshore Company Corp offers professional support services for trademark registration in Malta, including documentation handling, search assistance, and liaison with local authorities. Leveraging their experience in offshore and international business services, we help simplify the process and ensure compliance at each step.