How to apply for a new trademark in Malta?

Trademark registration in Malta is regulated by the Trademarks Act (Chapter 597) of the Laws of Malta, which transposes the relevant EU Directives.

To avoid any opposition from the examiner after the submission of the application of the registration of a trademark—as seen in the George Orwell case mentioned on our website—, or to prevent legal action from third parties, every applicant to a new trademark should strictly adhere to the following guidelines before filing.

Many of these steps will have to be taken hand-in-hand with a legal representative specializing in Intellectual Property rights.

1. Defining your mark

The first step is identifying the nature of your sign. Under Chapter 597, the old requirement for “graphical representation” has been abolished. A mark only needs to be represented in a manner that is clear, precise, self-contained, and objective.

The sign you designed should help you to decide the type of trademark that you aim to register. If a sign is not designed yet, you can find hereafter a list of different types of trademarks to understand the various categories:

• Word mark: Words (Nike®), letters (H&M®), numbers, or other standard typed characters.
• Figurative mark: Pictures, graphics, images with words or letters or non-standard characters.
• Composite mark: A combination of text and images.
• 3D mark: Three-dimensional shapes, such as containers or product packaging.
• “Non-traditional” marks now explicitly protected: sounds (MP3), motions, multimedia (MP4), or even specific holograms.

N.B. on colours: While a single colour can be registered, it is legally complex. For the public interest, colours must generally remain free for all to use unless you can prove “acquired distinctiveness” through intensive use.

• The scope: Goods, services, and the Nice classification

A trademark offers protection in relation to specific commercial goods or services.

• The Nice classification (13^th edition, 2026): You must categorise your products into “classes.” Following the IP Translator ruling, general class headings are often insufficient. You must be specific (e.g., “AI-based software” instead of just “Software”).
• Source indicator: Avoid descriptive terms like “Fresh Bread” for a bakery for example, as these lack the necessary distinctive character.
• Avoiding deception: If your mark implies a characteristic the product doesn’t have (e.g., “SilkSoft” for 100 % polyester), it may be rejected as deceptive.
• Application must be filed in good faith. A filling intended solely to prevent a competitor from using a similar mark may be invalidated.

Once you have chosen the type of mark you are willing to register, you shall proceed to the next step.

• Pre-filing: The search phase

Before submitting, you must ensure your sign is available in the target country. The sign must not be confusingly similar or identical to an earlier trademark or a protected geographical indication (GI) for identical or related goods and services. Note that the €115 filing fee is non-refundable, even if the application is rejected. A search reduces this financial risk.

There are two ways to ensure your sign is available for use:

You can conduct a search on your own by using the National Trademark Register website to check if there is a similar or identical registered mark. The Commerce Department recommends that the search should include:

1. the word/s you wish the search to be conducted on;
2. the device/label/logo;
3. the class or classes you wish the search to be carried out in.

If you have any doubts under which goods and services class number the trademark falls, the following link will help you to find the correct class: https://euipo.europa.eu/ec2/.

Otherwise, you may request an official search from the Commerce Department for a fee of 10 euros per class/word. This is highly recommended to identify potential “relative grounds” for refusal before committing to the full application fee.

• The Digital application process & financial incentives

Malta uses a streamlined 5-step online wizard at ips.gov.mt.

The basic official fee for registering a new trademark is of €115 per trademark per class. It will cover a period of 10 years from the date of application. 

• Applicant Details: Individual vs. Company ownership.
• Representation of the mark: Requirements for high-quality JPEGs for logos or MP3/MP4 files for sound and multimedia marks.
• The Nice classification: Explain that goods and services must be categorised into “classes”.
• Claiming priority: If they filed elsewhere in the last 6 months, they can claim that earlier date.

Written by Av. Paul Radmilli and Lou-Salomé Wang.