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Trademark Rules, 2019


From: Ministry for the Economy, Investment and Small Businesses
(Commerce Department)
​Published: ​1 November 2019
Running till: ​30 November 2019
​Last Updated: ​30 November 2020

Original Consultation

1.        Backgr​ound

This set of rules are complimentary to the Trademark Act (Cap 597) enacted in May 2019, which transposes DIRECTIVE (EU) 2015/2436 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL of 16 December 2015 to approximate the laws of the Member States relating to trade marks and which also takes on board legal requirements for Malta’s planned accession to the Madrid Protocol for the International Registration of Trademarks, administered by the World Intellectual Property Organisation.

These rules bring together the current rules contained in Subsidiary Legislation 597.01, 597.02 and 597.03 and will therefore repeal and replace the aforementioned Subsidiary Legislation.  Whilst some rules have been retained and others have been updated, some ‘new’ rules have also been added in order to reflect new elements resulting from the Trademark Act.

Furthermore, Malta’s planned accession to the Madrid Protocol for the International Registration of Trademarks will provide for the possibility of filing a single application and paying one set of fees to apply for trademark protection in up to 122 countries which are party to the Madrid Protocol.    These rules outline in detail the  relevant requirements and processes involved. 

2.        Documents
Please be informed that submissions will be published on the webpage of this consultation at the end of the scoping phase. The lead Ministry has sole discretion upon the publication of comments.
Received contributions, together with the identity of the contributor, will be published on the Internet, unless the contributor objects to the publication of his/her personal data on the grounds that such publication would harm his/her legitimate interests. In this case the contribution may be published in anonymous form. Otherwise the contribution will not be published nor will, in principle, its content be taken into account.  Any objections concerning the publication of personal data should be sent to the service responsible for the consultation on the following email address:

Data Protection Statement the General Data Protection Regulation and the Data Protection Act (Chapter 586)

The General Data Protection Regulation and the Data Protection Act Chapter 586 regulate the processing of personal data whether held electronically or in manual form. The Ministry for European Affairs and Equality collects only information which is necessary for it to perform its intended functions and is set to fully comply with the Data Protection Principles as set out in the Data Protection Legislation.  Verification of the ID number provided will take place as deemed necessary. All personal data provided will be processed according to the General Data Protection Regulation and the Data Protection Act (Cap 586).


In addition, please be aware of:
·         Disclosure under the Freedom of Information Act (Chapter 496)
As we are a public authority all documents we hold, including documents related to this public consultation process, may be released following a request to us under the Freedom of Information Act (Chap. 496), unless such request may be subject of an exemption arising from the same Act.


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