Can I register a domain name that’s similar to a trademark I don’t own?
- 22.08.2026
I’ve developed a physical product with what I believe is a genuinely distinctive visual design, separate from its brand name or any technical function. I understand trademarks protect brand names and logos, but I want to know what actually protects the distinctive shape and appearance of the product itself.
The distinctive visual appearance of a product, as opposed to its underlying technical function or its brand name, is generally protected in Malta through design registration under the Patents and Designs Act, Chapter 417 of the Laws of Malta, which allows you to register the specific visual features of a product, such as its shape, contours, lines, or ornamentation, provided the design is new and has individual character compared to what already exists on the market, giving you exclusive rights to prevent others from using a design that creates the same overall visual impression on an informed observer. Beyond national Maltese design registration through the Industrial Property Registrations Directorate (IPRD), you could also consider a Registered Community Design, which provides equivalent protection across the entire EU through a single application, or in some cases you may benefit from a shorter period of automatic unregistered design protection under EU design rules, though this unregistered protection is generally more limited in scope and duration compared to formal registration. Given that design protection specifically covers visual appearance separately from both trademark protection covering your branding and any potential patent protection covering genuine technical innovation, and given how these different protections can complement each other for a single product, it would be worth having an IP lawyer review your specific product to advise on the most appropriate combination of protections for your situation.
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