How do I register a trademark for my small business in Malta?
- 08.07.2026
I’ve discovered a business in Malta actively using a trademark almost identical to mine, and the ongoing damage to my brand and customer confusion is happening right now while I consider my legal options. I’m worried that waiting for a full court case to conclude will cause serious harm in the meantime. Is there a way to get them to stop urgently while the underlying dispute is resolved?
Yes, Maltese civil procedure, under the Code of Organisation and Civil Procedure, Chapter 12 of the Laws of Malta, provides for precautionary and interim measures, including a warrant of prohibitory injunction, which can be used specifically to urgently stop an ongoing infringing activity, such as unauthorised trademark use, while the underlying substantive legal case regarding your trademark rights is still being resolved, rather than requiring you to wait for a full trial before obtaining any relief at all. To successfully obtain this kind of urgent interim measure, you would generally need to demonstrate to the court both a strong prima facie case that your trademark rights are being infringed, and a genuine, well-founded risk of serious or irreparable harm continuing if the infringing use is not stopped immediately, meaning the strength of your evidence and the clarity of the ongoing harm you're describing would both be important factors in the court's assessment of whether to grant this urgent relief. Given both the genuine urgency you're describing and the specific legal and evidential threshold required to successfully obtain an interim injunction, this is a matter that needs immediate attention from an IP lawyer, who can quickly assess the strength of your position and, if appropriate, move to file for urgent interim relief without the delay of waiting for the full underlying case to be prepared and heard.
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