Can I use a competitor’s trademark in comparative advertising?

Comparative advertising that references a competitor's registered trademark is not automatically prohibited under Maltese law, and there is a recognised legal framework, connected to both the Trademarks Act, Chapter 416 of the Laws of Malta, and broader EU-derived rules on comparative advertising, that permits comparative advertising provided it meets specific conditions, generally requiring that the comparison is not misleading, compares goods or services meeting the same needs, objectively compares material and verifiable features, does not create confusion between your business and the competitor's, and does not discredit or denigrate the competitor's trademark or products unfairly. Given these fairly specific and technical conditions, the way you reference the competitor's trademark and structure your comparison matters considerably to whether it would be considered lawful comparative advertising or, instead, trademark infringement or unfair commercial practice, since even genuinely truthful comparisons can potentially cross the line if presented in a way that unfairly denigrates the competitor or creates confusion. Given the legal risk involved if this is not structured correctly, it would be advisable to have a lawyer review your proposed advertising content against these specific legal requirements before publishing it, rather than assuming that simply being truthful about genuine product advantages automatically makes any form of comparative reference lawful.