Licencing & Registrations -Trade Mark Registration

Do you know what is Trade Mark or Service Mark?

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A trademark (popularly known as brand name) in layman’s language is a visual symbol which may be a word signature, name, device, label, numerals or combination of colours used by one undertaking on goods or services or other articles of commerce to distinguish it from other similar goods or services originating from a different undertaking. The legal requirements to register a trademark under the Act are:

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The selected mark should be capable of being represented graphically (that is in the paper form).

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It should be capable of distinguishing the goods or services of one undertaking from those of others.

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It should be used or proposed to be used mark in relation to goods or services for the purpose of indicating or so as to indicate a connection in the course of trade between the goods or services and some person have the right to use the mark with or without identity of that person.

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Can I apply for Trade Mark or Service Mark ?

 

Any person, claiming to be the proprietor of a trademark used or proposed to be used by him, may apply in writing in prescribed manner for registration. The application should contain the trademark, the goods/services, name and address of applicant and agent (if any) with power of attorney, the period of use of the mark. The application should be in English or Hindi. It should be filed at the appropriate office.

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What are rights Conferred by Registered Trade Mark ?

 

The proprietor of a registered trademark has exclusive rights in the trademark.  Such rights are infringed by such use of the trademark in Malta when:

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1. the use in the course of trade is made of a sign which is identical with or similar to the trademark in relation to goods or services which are identical with  or similar to those for which it is registered; and there is the likelihood of confusion on the part of the public, including the likelihood of association with the trademark 

2.  the use in the course of trade is made of a sign which is identical with or similar to a trademark in relation to goods or services which are not similar to those for which the trademark is registered, but the trademark has a reputation in Malta and such use takes unfair advantage of or is detrimental to the distinctive character or the repute of the trademark.

  

What documents do you require to submit ?

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What documents do you require to submit ?

1. An Authorization Letter or Power Attorney to the Trade Mark Agent to apply the Trade Mark on behalf of the Applicant.   

2. An Application form which includes Business details like, Name of The business, Nature of the Business, Address, Proprietor or Partner or Director Details, Proposed Trade mark Details etc.  

3. If device to be registered, Device is required.

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For you better understanding

Trademark symbols and their usages

R Symbol

You get the R symbol as soon as you file the trademark application for registration. This symbol helps protect the trademark from getting copied by others.

™ Symbol

This symbol is for unregistered trademarks. It warns others from copying your logo, name or symbol. It does not give you copyright protection, and others can use your logo or name in case your application gets rejected.

SM Symbol

The service industry uses this symbol. The symbol is applicable for classes from 35 to 45. It is also not guaranteed protection against copyright issues.

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