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Amendments to Trademark Laws

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Aug 07, 2019 (Newsletter Issue 10/19)
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New Malta Trademark Act

In Malta, Act XII of 2019 was enacted to transpose the provisions of Directive EU 2015/2436 and to substitute the old Trademarks Act (Cap 416 of the Laws of Malta). Act XII of 2019 came into force on May 14, 2019, and the New Trademarks Act is now Chapter 596 of the Laws of Malta.

The old Trademarks Act will continue to apply for pending trademark proceedings started under the old Act. All existing trademarks registered under the Old Trademarks Act shall be transferred under the new Trademark Register under the new regime of Chapter 596.

The following are some of the salient changes following the adoption of the new EU Directive and the Malta Trademarks Act:
- Representation of new types of trademarks such as sound, movement and olfactory marks
- Graphical representation requirement eliminated
- Grounds of refusal: Scope of the functionality exclusion expanded and wording “shape, or another characteristic” of a trademark introduced.
- Administrative opposition proceedings introduced

For more information, on the new opposition proceedings, please check the article of our Country Index Partner Mamo TCV Advocates from Malta.

Please note that the amendments have been included and the Maltese survey has been updated thanks to our contributor Mamo TCV Advocates, Malta.