Can I register a domain name that’s similar to a trademark I don’t own?
- 22.08.2026
I own a registered trademark in Malta and I’ve been approached by another company interested in using my brand under a licensing arrangement rather than me operating it myself in a particular context. What’s actually involved in properly setting up a trademark licence, and does anything need to be formally registered?
Yes, trademark licensing is expressly recognised under the Trademarks Act, Chapter 416 of the Laws of Malta, allowing you as the registered proprietor to grant another party the right to use your trademark under specific agreed terms and conditions, while you retain overall ownership of the underlying trademark itself, and a properly structured licence agreement would typically address key terms such as the scope of permitted use, whether the licence is exclusive or non-exclusive, quality control provisions to protect your brand's reputation and value, duration, territory, and financial terms such as royalty payments. While the underlying licence agreement itself is generally a private contractual matter between you and the licensee, it is also possible, and often advisable, to formally record the licence with the IPRD, which can provide additional legal certainty and protection, particularly regarding the licence's enforceability against third parties, though the specific benefits and requirements of registering the licence are worth confirming directly given how this can affect your position in certain scenarios. Given both the commercial and legal significance of properly protecting your trademark's value and reputation through a licensing arrangement, including robust quality control provisions to prevent the licensee's use from damaging your brand, it would be important to have a lawyer draft or carefully review the specific licence agreement before finalising anything with the interested company.
This website uses cookies to personalize content and advertising messages, collect analytics, and for other purposes. You can read our cookie policy. If you agree to the use of cookies, click "Accept".