Trademarks – Types of Intellectual Property

A trademark is a form of intellectual property that allows consumers to distinguish products or services of one source from those of another. According to Maltese law, trademarks are any graphical signs that can be recognised and associate goods or services with an individual business. Trademarks can take the form of phrases, words, inventions, symbols, colours and more. However, they must be used commercially in order for their registration to be accepted.

What makes a good trademark?

When registering a symbol as an official trademark, it should stand out among other brands in the same market category. This means it should have unique characteristics that make it recognisable yet not descriptive or suggestive in nature; this ensures customers can easily identify your product amongst competitors’.

What cannot be registered as a trademark?

Unfortunately, there are some limitations when trying to register marks. These include lack of distinctiveness and trademarks which exclusively use signs designating the kind, quality and value of goods/services offered by businesses.

Why is it important to obtain a trademark?

Securing a trademark is an essential element in developing a successful business. It serves to distinguish your products and services from those of your competitors, while also protecting the investments you have made into building and maintaining a reputable brand. Unfair competition can arise when consumers are misled or confused by trademarks that resemble those of established businesses. To prevent this, trademark law prohibits the use of logos or symbols that could be mistaken for a well-known company’s mark.
In other words, trademark law works both to protect owners’ interests and to ensure customers can easily identify the product they are purchasing or service they are using. With these protections in place, proprietors can feel secure knowing their work will not be stolen or misused by third parties.

Secure your brand with a trademark in Malta – an EU Member State

When you register for a national/domestic trademark, consumers will easily recognize your products and quality. Furthermore, you can opt to obtain a European Union Trademark (or “Community Trademark”) which confers the same rights on a larger scale across the member states. A successful application at the EUIPO grants legal protection throughout all of Europe.

Are you looking to protect your intellectual property and inventions? Our experienced team will help safeguard your ideas with a range of services, from filing the initial registration of your IP to creating tax-efficient royalty structures. Get in touch today for a consultation to discuss your unique needs.