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Brand Enforcement

Registered Trademarks often showcased by the famous ® sign are marks or symbols used to distinguish between products and services used in trade. The team at Fenech & Fenech Advocates understands the vital role trademarks play in a business’ life, and are able to provide pragmatic and expert advice every step of the way; from planning a trademark filing strategy, to registering a trademark in the jurisdiction of choice, portfolio management, defending trademarks, and advising on any claims or infringement issues which might arise and require intervention. The team also understands that as consumer education changes, clients may wish to register their different and non-traditional trademarks including slogans, shape marks, audio marks, and olfactory marks.

Malta, as an EU member state offers multiple possibilities to businesses when choosing the territories in which to register their marks. IP strategies may be followed through locally, at an EU-wide level through the harmonised EUTM registration or even worldwide through the applicable Madrid Protocol and Madrid Agreement.

Brand Enforcement sometimes necessitates policing the various trademark registers in Malta and at the EUIPO to ensure that one’s rights are not being registered in the name of third parties. There are procedures aimed at responding to such eventualities consisting in trademark oppositions which exist at both EUIPO and local levels. The department has significant experience in dealing with EUIPO oppositions including filing and responding to such actions and can now count on this experience to deliver results on a local level following the introduction of trademark oppositions in the local register pursuant to the transposition of the new Trademarks Directive 2015/2436.