21.06.2022
The local Trademarks Act identifies that a “trademark may, in particular, consist of words (including personal names), figurative element, letters, numerals or the shape of good of their packaging”. This or a combination of these elements will help one to distinguish a specific business, goods or services.
A trademark (TM) helps businesses secure the company and their respective brands on a local and/or European level, depending on what type of trademark the business opts for. Since Malta is an EU member state, local businesses can also opt for a trademark protection that covers the brand identity on an EU level, referred to as European Union Trade Mark (EUTM). Opting for this would involve less costs than submitting trademark applications in multiple EU member states.
A trademark application takes around 8 months from application date to be processed for vetting purposes. Keeping this lengthy process in mind, it is imperative to plan ahead, and it is suggested to seek professional guidance throughout the application process to make sure that all requested information and paperwork is submitted successfully. Once an application is approved, the proprietor will acquire exclusive property rights on the trademark.
By trademarking a company name, businesses will ensure peace of mind that no competitor will copy or steal elements from their brand as everything will be protected by law. Some also opt to trademark the company’s tagline too, being another asset of a business.
Here at Fairwinds Management Limited, we offer all services related to trademarking such as submitting applications for a new trademark and their renewals, litigation, arbitration or negotiation of legal rights as well as TM portfolio planning and restructuring, as needs be. Our legal team is experienced in this sector and is ready to help your business.
Interested in securing your business name and reputation? Get in touch with one of our Directors, Ms Joceline Caruana on jcaruana@fairwindsmanagement.net to kick off the registration process by submitting a successful trademark application form for Malta or EU.