Registering a Trademark in Malta: A Step-by-Step Guide
Malta will let you register a trademark for €116.47 per class of goods or services — a fraction of what many business owners assume it costs. The catch is not the price. It is that the Comptroller of Industrial Property checks every application against existing marks, and a name that feels original to you may already be registered to someone else.
In this article
- What counts as a registrable trademark
- National, EU or international: which route fits your business
- The registration process, step by step
- The opposition window: why you are not safe on day one
- Fees and timeline in full
- Why registering is not enough: the 5-year use rule
- Enforcing your trademark once registered
- A worked example
- FAQ
- Sources
Laws and official sources
- Trademarks Act, Chapter 597 of the Laws of Malta — legislation.mt
- Trademark Rules, Subsidiary Legislation 597.04 — legislation.mt
- Industrial Property Registrations Directorate (IPRD), Commerce Department — commerce.gov.mt
What counts as a registrable trademark
Under the Trademarks Act, Chapter 597 of the Laws of Malta, a trademark can consist of any sign capable of being represented in the register clearly and precisely enough to identify its subject matter. This is deliberately broad: words, including personal names, logos, letters, numerals, colours, the shape or packaging of goods, and even sounds can all in principle qualify, provided the sign is distinctive and can be captured in a way the register can reproduce and search.
The Act, which transposes EU Directive 2015/2436, is administered by the Industrial Property Registrations Directorate (IPRD) within Malta’s Commerce Department, headed by the Comptroller of Industrial Property. The Comptroller’s office conducts both a formal check — is the application complete and correctly filed — and a substantive examination assessing distinctiveness and potential conflicts with earlier registered or pending marks.
Not every sign qualifies simply by being submitted. Marks that are purely descriptive of the goods or services they cover, that have become generic terms in ordinary language, or that could mislead consumers about the nature, quality or origin of a product are refused on absolute grounds during examination, independent of whether any earlier conflicting mark exists. A business choosing a brand name that too closely describes what it actually sells — “Fresh Bakery” for a bakery, for instance — often faces a harder registration path than a more distinctive, invented name would, precisely because descriptiveness itself is a ground for refusal.
National, EU or international: which route fits your business
A Maltese national trademark, filed directly with the IPRD, only protects the mark within Malta. Because Malta is an EU member state, a registered European Union Trademark (EUTM) under Regulation (EU) 2017/1001 is automatically valid and enforceable in Malta as well, without a separate national filing — a single EUTM application can cover all EU member states at once. Malta is also a member of the Madrid Protocol, which allows an existing Maltese or EU registration to be extended to other member countries through a single international application rather than filing separately in each one.
The angle most guides miss
Business owners planning to trade only in Malta sometimes default to an EUTM anyway, assuming broader protection is always better. It rarely is, for a purely local business: an EUTM costs substantially more than a national filing, and — critically — it can be opposed or challenged based on conflicts anywhere in the EU, not just in Malta. A local bakery with no expansion plans outside Malta is often better served, and better protected against costly opposition risk, by a national filing rather than an EU-wide one.
There is also a middle path worth knowing about: filing nationally first, then using that Maltese registration as the basis for an international application under the Madrid Protocol once the business genuinely does expand abroad. This sequencing lets a business establish protection cheaply and quickly at home, then extend it deliberately, market by market, rather than committing to broader and more expensive protection before there is a concrete need for it.
The registration process, step by step
- Choose the sign to register and the Nice Classification classes of goods or services it will cover.
- File the application with the IPRD, including a clear representation of the mark and the list of goods or services.
- The IPRD conducts a formal examination, checking the application is complete and correctly filed.
- The IPRD conducts a substantive examination for distinctiveness and searches the National Trademark database for conflicting earlier marks.
- If no absolute grounds for refusal are found, the application is published in the IP Online Journal, opening the opposition window.
- If no opposition is filed, or any opposition is resolved in the applicant’s favour, the Comptroller registers the mark and issues a certificate.
The opposition window: why you are not safe on day one
Publication in the IP Online Journal is not the end of the process — it is an invitation for third parties to object. An earlier trademark owner who believes the new application conflicts with their own registered Maltese trademark, EU trademark, or a mark protected under an applicable international agreement, can file a formal opposition within the prescribed period after publication.
A source of confusion worth flagging
You will find different opposition-period figures quoted online — some sources cite 60 or 90 days under the older regime, others state a three-month window under the current Act. The discrepancy largely reflects Malta’s 2019 overhaul of trademark law (Act XII of 2019, Chapter 597 replacing the earlier Chapter 416); guidance written before that reform describes the old procedure. Confirm the currently applicable opposition period directly with the IPRD or a trademark professional before relying on any specific figure for a live application.
An opposition does not automatically defeat the application — the applicant can withdraw it, restrict the goods or services covered, reach an amicable agreement with the opposing party, or submit a formal counter-statement to contest the opposition. Only if an opposition is upheld does registration fail to proceed for the contested goods or services.
Fees and timeline in full
| Item | Figure |
|---|---|
| Application fee, per class of goods/services | €116.47 |
| What the fee covers | Filing, registration and publication |
| Uncontested application, typical timeline | Roughly 6 months to 1 year |
| Protection term | 10 years from filing date, renewable indefinitely for further 10-year periods |
Why registering is not enough: the 5-year use rule
Registration in Malta does not require the mark to already be in commercial use — you can register defensively, ahead of an actual product launch. But that grace period is not indefinite. If a registered trademark is not put to genuine commercial use for more than five consecutive years after registration, it becomes vulnerable to cancellation for non-use, on application by anyone with an interest in freeing up the mark.
This rule exists specifically to prevent trademark registers from filling up with unused marks that block genuine businesses from registering names they actually intend to trade under. It also creates a practical opportunity: if a name you want is already registered but appears to have gone unused for several years — an abandoned brand, a defunct business — a non-use cancellation action can clear the way for your own application, rather than forcing you to abandon the name entirely simply because someone else registered it first.
Practical tip
Keep dated evidence of commercial use — invoices, packaging, marketing materials, website archives — from the point you actually begin trading under the mark. If a competitor challenges your registration for non-use years later, this evidence is what actually protects your rights, not the registration certificate alone.
Enforcing your trademark once registered
A registered trademark gives its owner exclusive rights to use the mark for the registered goods and services throughout Malta, and the statutory right to oppose later applications that conflict with it. Enforcement against infringement or counterfeiting is pursued through the IPRD’s procedures and, where necessary, the Maltese courts, with the Enforcement of Intellectual Property Rights (Regulation) Act, Chapter 488, providing additional enforcement mechanisms specifically for IP rights.
Registration alone does not police itself — the owner is generally responsible for monitoring the market and the IP Online Journal for potentially conflicting new applications, since the IPRD does not proactively notify existing owners every time a similar mark is filed by someone else. Many businesses use a watching service, either through the IPRD’s published journal or a private trademark agent, precisely to catch conflicting applications early enough to file an opposition within the available window, rather than discovering a conflict only after a competing mark has already been registered.
A worked example
Consider a Sliema-based coffee roastery launching under a new brand name, planning to sell only within Malta for the foreseeable future. The owner files a national Maltese trademark application covering one class — roasted coffee and related goods — paying the €116.47 fee. The IPRD’s formal and substantive examination finds no identical or confusingly similar earlier mark, and the application is published for opposition.
No opposition is filed within the window, and the mark proceeds to registration, giving the roastery exclusive rights to the name for coffee-related goods in Malta for ten years, renewable indefinitely. Had the owner instead filed an EU trademark “to be safe,” the same application would have been exposed to opposition from any conflicting mark registered anywhere in the EU — a meaningfully higher risk and cost for a business with no actual plans to trade outside Malta.
Three years later, the same roastery decides to start supplying cafés in Sicily and southern Italy. At this point, the earlier national registration becomes the foundation for an international application under the Madrid Protocol, extended specifically to Italy rather than the entire EU. The cost and complexity of that expansion is proportionate to where the business has actually grown, rather than having been paid for years earlier against a market the business was never certain it would enter.
Ready to protect your brand name?
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Frequently asked questions
How much does it cost to register a trademark in Malta?
€116.47 per class of goods or services, covering filing, registration and publication.
How long does trademark registration take in Malta?
Typically around six months to a year if the application is uncontested; longer if opposed.
How long does trademark protection last?
Ten years from the filing date, renewable indefinitely for further ten-year periods.
Do I need to already be using my mark to register it?
No, but if it is not put to genuine commercial use within five years of registration, it becomes vulnerable to cancellation for non-use.
Should I file a national Maltese trademark or an EU trademark?
A national filing is generally cheaper and lower-risk for a business trading only in Malta; an EU trademark covers all member states but is exposed to opposition based on conflicts anywhere in the EU.
Can someone oppose my trademark application?
Yes, after publication in the IP Online Journal, earlier rights holders may file a formal opposition within the prescribed period.
What can be registered as a trademark in Malta?
Any sign capable of clear representation in the register, including words, logos, letters, numerals, colours, shapes and sounds, provided it is distinctive.
Is a European Union trademark automatically valid in Malta?
Yes, EU trademarks registered under Regulation (EU) 2017/1001 are directly applicable and enforceable in Malta without separate national registration.
Where sources differ
Sources disagree on the exact opposition-period length (60, 90 days, or three months), largely reflecting Malta’s 2019 legislative overhaul. Confirm the currently applicable period with the IPRD rather than relying on any single figure found online.
Conclusion
Most guides to trademark registration in Malta focus on the process, since the process itself is genuinely simple and affordable. The more consequential decision happens before the application is even filed: whether a national, EU or international registration actually matches your business’s real trading footprint. Overinsuring with an EU-wide filing when your market is purely local does not just cost more — it exposes your application to a wider field of potential opponents than a business trading only in Malta will ever actually need to worry about.
The second decision that matters just as much, and gets far less attention, is choosing a genuinely distinctive name in the first place. A descriptive or generic-sounding name might feel safe and easy to market, but it is precisely the kind of mark examiners are most likely to refuse, or that later proves easiest for a competitor to challenge. The businesses that get the most lasting value out of Malta’s relatively low registration cost are usually the ones that invested a little more thought into distinctiveness before filing, not the ones that filed the cheapest, most obvious name first.
Planning to register a brand name or logo?
We can run a conflict search, choose the right classes and filing route, and handle the application for you.
Sources
- Trademarks Act, Chapter 597: legislation.mt
- Trademark Rules, S.L. 597.04: legislation.mt
- Industrial Property Registrations Directorate: commerce.gov.mt
This article is for general information only and does not constitute legal advice. Trademark strategy depends on your specific business and markets; consult a licensed lawyer or trademark agent before filing.
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