What constitutes the use of a trademark in Malta?

The use of a trademark in Malta refers to the genuine commercial exploitation of a registered or pending trademark in the course of trade. The concept is defined under the Trademarks Act (Cap. 596 of the Laws of Malta) and is essential for both the enforcement and maintenance of trademark rights. Key elements of trademark use in Malta:

1. Genuine Use in the Course of Trade

The trademark must be actively used in connection with the goods or services for which it is registered. Use must not be merely symbolic or defensive—it must demonstrate a real intent to market or sell the products or services under the mark.

2. Use by the Trademark Owner or Authorized Parties

Use can be made directly by the registered proprietor or with their consent (e.g., through licensees or franchise partners), provided such use maintains the origin-indicating function of the trademark.

3. Use in Malta or the EU

Since Malta is an EU member state, use of the trademark in any EU country may qualify as valid use within Malta, particularly in cases involving EU Trade Marks (EUTMs).

4. Acceptable Forms of Use

• Affixing the mark to products, packaging, or labels
• Using the mark in advertisements, websites, or commercial documentation
• Offering goods or services under the trademark
• Importing/exporting goods bearing the trademark