04.10.2023
Trademarks are a fundamental aspect of modern business and commerce, serving as a cornerstone of brand identity and protection. This article aims to provide an understanding of trademarks, shedding light on the definition, implications of registration, application process, and various legal aspects.
At its core, a trademark is any sign that can be represented graphically and distinguishes the goods or services of one entity from another. This sign can take various forms, including words, figurative elements, letters, numerals, or even the shape of goods or their packaging.
When a proprietor successfully registers a trademark, they secure a valuable property right. This registration empowers them with specific legal remedies to protect their brand identity and reputation.
To initiate the trademark registration process, an application must be submitted and should include essential information such as the details of the applicant, information about the goods or services associated with the trademark and other relevant information. Once registered, a trademark grants exclusive rights to the proprietor.
A trademark registration may be refused for several reasons, such as if it resembles another trademark and covers identical or similar goods or services of it lacks distinctive character. Upon a successful trademark registration, the registration is published, and a certificate is issued to the applicant. Trademark registration is valid for ten years from the registration date and can be renewed in ten-year intervals. Ideally, renewal should be requested within six months before the expiration date.
Registering a trademark offers you and your business legal protection, it boosts your brand recognition, increases consumer trust, protects your market position, and influences on the long-term growth and importance of your business. It is a strategic step in establishing and safeguarding your brand identity in the marketplace.
The Fairwinds Management Limited legal team is experienced in this sector and is ready to assist your business safeguard its reputation on a legal level. For more information and a quote, you can get in touch with the legal team on info@fairwindsmanagement.net. In the meantime, more information is available on our website: https://fairwindsmanagement.net/services/corporateservices/trademark/
Fairwinds Management Limited is a MFSA licensed firm offering Business Solutions in Malta. As part of our services, we offer Accounting, Administration, Corporate and Legal solutions. Fairwinds Management also manages the brand Accounting Services. More information about us and our key services please visit our website. You may reach Fairwinds Management on +356 2704 0903 or info@fairwindsmanagement.net.
Article written by Ms Charlene Sciberras, B.A. (Hons), guest writer, a marketing and business administration specialist with a special focus on corporate, accounting, and legal matters.