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Trademark Rules, 2019

OPEN CONSULTATION  

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

 
3.        Submission of input
 
Submissions must be sent in t​hrough the following channels:
By filling the online form below,
By email:   ipoffice@gov.mt​
By post:     Commerce Department
                 Lascaris Bastions
                 Daħlet Ġnien is-Sultan
                 Valletta VLT 1933​

Submissions must be received by 30 November 2019.                                
We thank you in advance for your input.

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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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