Can I register a domain name that’s similar to a trademark I don’t own?
- 22.08.2026
I run a small creative business in Malta and I produce a lot of original content, photos, written material, and designs, myself. I want to understand whether I automatically own the copyright to everything I personally create, or whether I need to formally register something for this protection to actually exist.
Under the Copyright Act, Chapter 415 of the Laws of Malta, copyright protection generally arises automatically upon the creation of an original work, meaning you do not need to register anything or complete any formal application process for copyright to exist in your original photos, written material, and designs, provided they meet the basic threshold of originality required for copyright protection, which is a relatively low bar in most cases for genuinely original creative work. As the creator, you would generally be the first owner of copyright in these works, though this default position can be affected by specific circumstances, such as if you created certain works while employed by someone else in the course of your employment, or through a specific commissioning arrangement with different ownership terms agreed, which is worth checking against your own specific working arrangements to confirm nothing displaces your default ownership. While formal registration isn't required for the copyright to exist, it is still good practice to keep clear records and evidence of when you created specific works, such as dated files, drafts, or other documentation, since this can become valuable evidence if you ever need to demonstrate your authorship and the date of creation in a dispute over unauthorised use of your content.
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".