By Désirée Attard, published on September 13, 2022

You worked hard to start your business and create a venture or concept that is thriving and growing. Protecting your business’ brand is an integral part of future-proofing your enterprise and establishing your legal ownership over it.

By registering your trademark, you are investing further in your work and safeguarding your Intellectual Property rights. Our team is here to support and guide you throughout the entire process, which is briefly explained in this article. For in-depth and tailored information, please contact us.

What is a trademark?

A trademark “may consist of any signs, in particular words, including personal names, or designs, letters, numerals, colours, the shape of goods or of the packaging of goods, or sounds”, provided they may distinguish your goods and services from others, and they can be represented in the National Trademark Database. [1]

In short, your trademark is that symbol by which your customers can identify the goods or services you offer. It is a representation of your unique identity.

How do I protect my trademark?

Registering your trademark ensures that third parties are aware of your Intellectual Property rights, which are exclusive and cannot be used without your explicit consent. Registration also allows you to seek legal redress should your rights be infringed.

Registered trademarks are safeguarded for a period of ten years, which can be renewed through a separate application filed at least six months prior to the expiration date.

The registration process with the Industrial Property Registrations Directorate, also known as the IP Office, is responsible of the registration process, and our team can assist you every step of the way.

The application process

1. A pre-application search is carried out to ensure that the trademark is not already in use, or if similar trademarks have already been registered

2. The type of trademark and classification according to the Nice Classification are established

3. The application is completed and submitted, inserting details on the applicant, the list of goods or services for which the trademark is to be registered, your representative’s name and address, as well as, of course, details on the trademark itself

4. The application fee is paid (currently 115 Euro per trademark per class)

5. The IP Office then examines the application and trademark

6. If the application is accepted and if no opposition is filed, the trademark is registered and published in the official online journal.

How we can assist you

The ABB Legal team is experienced in the filing of trademarks and can guide you on:

1. How to decide the form of your mark

2. The appropriate classification for your trademark

3. Performing basic checks to identify any already existing marks which may preclude yours from registration

4. The filing of your application and its monitoring

5. Any communication with the IP Office which may be necessary.

Protect your Intellectual Property today by contacting a professional on info@abb-legal.com

This article does not constitute legal advice. While all efforts are made to ensure that the information provided on this website is up to date, some information, material, or content may not be the most recent. For personal legal advice, we kindly ask that you contact us for an appointment.

[1] Chapter 597 of the Laws of Malta.