28.07.2026
Running a business comes with many responsibilities.
Setting up a new business requires creative thinking to make the business name and the brand/business itself standout by making it as unique and original as possible. This while planning strategically and having a good business plan in place.
However, one of the elements that is often overlooked in this process is protecting the brand as the brand identity is the most valuable business asset.
Once a company name is reserved for 3 months prior formal incorporation or registered with the Malta Business Registry (MBR), many business owners assume that they have their brand protected as it is registered, but this is not the case as the commercial brand, logo and slogan are not protected. The only way to protect these factors is by registering the trademark.
Registering a trademark will:
- Strengthen your brand identity and market presence
- Allow your brand to be licensed or sold
- Provide confidence to investors, partners and customers
- Increase your business value as an intangible asset
By registering a trademark, you gain exclusive rights to use your mark in connection with your goods or services. This helps prevent competitors from copying or using similar marks that may confuse customers. Without trademark protection, enforcing your rights when a third party uses a similar mark, whether locally or within the EU, can be challenging and costly.
How to decide if you opt for local or EU trademark registration…
One of the most common questions is if one should register a trademark in Malta or in the EU. The answer relies on the business model and the target market.
While local trademarks (regulated by the Trademarks Act and administered by the Commerce Department) protect businesses that register a trademark in Malta and are generally less expensive as they cover one jurisdiction, EU trademarks protect businesses that operate online and target a wider audience in the EU. Although the costs will be higher than just a local trademark, this protects the brand across the 27 EU member states by means of one application.
If you’re unsure which type of trademark protection you should opt for, our team is able to assist you throughout the whole process. Our experienced team will assess your business model and strategy and will guide you professionally to take an informed decision on which trademark protects your brand now and in the future. Ultimately, the team will ensure that your brand is legally protected, giving you a peace of mind as your business grows.
Whether you choose to trademark locally or within the EU, the trademark remains valid for 10 years from date of filing. Once these 10 years elapse, the trademark becomes renewable every 10 years.
For assistance on trademark registration, please follow the link: https://fairwindsmanagement.net/services/legal-services/tradhttps://fairwindsmanagement.net/services/legal-services/trademark/emark/
Fairwinds Management Limited is a MFSA licensed firm offering Business Solutions in Malta. As part of our services, we offer Corporate, Legal, Accounting and Administration services in Malta. Fairwinds Management also manages the brand Accounting Services. 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.