What if two people apply for the same trademark simultaneously?
  • Home
  • Questions
  • What if two people apply for the same trademark simultaneously?

What if two people apply for the same trademark simultaneously?

1 answer

Answer to the question

0
0
2

23.07.2026

I’m in the process of preparing a trademark application in Malta, but I’m now concerned that a different, unrelated business might file a very similar application around the same time. I want to understand how this kind of overlapping claim would actually be resolved under Maltese trademark law.

Site Administration 27.07.2026
reply date: 27.07.2026

Malta operates on a first-to-file principle for trademark registration under the Trademarks Act, Chapter 416 of the Laws of Malta, meaning that as a general rule, priority is generally given based on which application was actually filed first with the Industrial Property Registrations Directorate (IPRD), rather than based on which business started using the mark first in practice, though prior genuine use of an unregistered but well-known mark can, in certain more limited circumstances, still provide some grounds to challenge a later registration through opposition proceedings. If two similar applications are filed close together, the IPRD's examination process, along with the formal opposition period during which existing rights holders or the public can raise objections to a pending application, is designed specifically to catch and address these kinds of conflicts before final registration is granted, rather than simply granting both applications without any review of potential conflict between them. Given both the importance of filing promptly and the potential complexity if a genuine conflict does arise with a similar pending application, it would be sensible to file your application as soon as it is properly prepared rather than delaying, and to have a trademark agent or IP lawyer conduct a proper prior search of existing marks and monitor the application process, so that if a conflicting application does emerge, you can respond appropriately and promptly through the formal opposition process if warranted.

Похожие вопросы

Can I license my Maltese trademark to another company?

1 answer
11.07.2026
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?
Читать далее
0
0
2

Can I stop a competitor using a name similar to my trademark?

1 answer
29.07.2026
I have a registered trademark in Malta for my brand, and I've recently noticed a competitor operating locally under a name that sounds and looks quite similar to mine, enough that I've had customers genuinely confuse the two. What can I actually do to stop this?
0
0
2

Can I trademark a slogan or tagline for my business in Malta?

1 answer
22.08.2026
Beyond my brand name and logo, I also use a specific catchy slogan consistently across my marketing in Malta, and I'd like to know whether a short phrase like this can actually be registered as a trademark in its own right, separate from my main brand name.
0
0
2

Do I need to renew my trademark, and what if I forget?

1 answer
15.08.2026
I registered a trademark in Malta a few years ago and I vaguely recall something about needing to renew it periodically, but I'm not entirely sure of the timeline or what would actually happen to my protection if I simply forgot or missed a renewal deadline.
0
0
2
Show all