Topic: Trademark
Insights
Choosing the right brand name
Strength of Trademarks
A trademark is what makes one item or service distinguishable from another and in order for it to be effective, it usually has to be distinct from other marks and must have a quality which makes it stand apart. So true is the latter point, that a...
Extending Trademark Protection Overseas
One of the by-products of an increasingly-globalised world is the rapid increase in cross-border trade. A phenomenon which was hitherto limited to a handful of multinationals, has become standard practice today for a multitude of businesses, including SMEs.
One consideration which could be significantly more taxing on smaller businesses when...
Using a Maltese “Earlier Right” to Oppose an EUTM Application
The EU Trademark Regulation (Regulation (EU) 2017/1001) (the “EUTMR”) allows proprietors of “non-registered trademarks or of another sign used in the course of trade” to oppose an EU trademark (“EUTM”) application, where “that sign confers on its proprietor the right to prohibit the use of a subsequent trademark”. [1] An...
A missed opportunity for the Ġbejna
An online furore has erupted over the MCCAA’s decision to reject an application to have the beloved Maltese Ġbejna registered as a Protected Designation of Origin (“PDO”), ostensibly after opposition by local dairy giants, Benna.
At face value however, the decision appears to be legally well-founded and in conformity with...