What can I do if my Malta trademark application is opposed by another company?
- 01.08.2026
I sell an accessory product in Malta that is specifically designed to be compatible with a well-known, trademarked brand of device, and I want to clearly communicate this compatibility to customers by referencing that brand name on my packaging, along the lines of ‘compatible with’ the trademarked product. Is this kind of reference to another company’s trademark actually permitted?
Using another company's trademark purely to accurately and honestly describe genuine compatibility with their product is generally permitted under principles connected to the Trademarks Act, Chapter 416 of the Laws of Malta, and broader EU trademark law, which recognises what's sometimes called referential or nominative use, since preventing accurate compatibility information would unreasonably restrict fair competition and legitimate consumer information, provided the use is genuinely necessary to convey accurate compatibility information, does not suggest any false affiliation, sponsorship, or endorsement by the trademark owner, and does not use the trademark in a way that goes beyond what's reasonably necessary for this descriptive purpose, such as using their exact logo, stylised branding, or colour scheme rather than simply the name in plain text. To stay within this generally permitted use, it's important that your packaging clearly presents the reference as describing compatibility only, using plain, factual language such as 'compatible with' rather than anything that could suggest official partnership or endorsement, and generally avoiding replicating the trademark owner's specific stylised logo or visual branding elements beyond the necessary name reference. Given how easy it can be to inadvertently cross from permitted descriptive use into something that could be seen as suggesting false endorsement, it would be worth having a lawyer review your specific proposed packaging and wording before finalising it.
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