What if two people apply for the same trademark simultaneously?
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What if two people apply for the same trademark simultaneously?

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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.

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