Trademarks and patents are necessary elements for a company. However, it is imperative that before analyzing the relevant legal provisions for Maltese Trademarks and Patents, a company is required to ask: what are trademarks and patents?
A trademark is a graphic design or a word which represents a company or product. On the other hand, a patent is the protection of an innovative idea, usually translating into the notion of an innovative product. To give you a more comprehensive idea, the Maltese Trademarks and Patents shall be discussed separately to provide greater detail.
European Union Trademark
All European Union Trademarks are applicable to any member state. And, as a result, each trademark has its due protection in each of the EU’s countries, as part and parcel with EU membership. Moreover, an EUT is subject to the European Union Intellectual Property Office.
In addition, an EUT registered at the EUIPO, upon which applicants enjoy the protection of their trademark throughout the EU, means that the owner is given protection in all EU member states in one single application, as previously mentioned. The fees that incur are dependent upon the method of application; if the individual opts to apply online, the fee is that of EUR 850. On the other hand, if it is in paper format, it would amount to EUR 1000.
European Patents
The primary pan-European solution, with regards to patent, is that of resorting to the European Patent Office (EPO). It is imperative to note that the European Trademark is different to the European Patent, both in substance and even in the way they function in relation to EU member states.
While an EU trademark is automatically valid in all EU member states, a European Patent, contrastingly, does not grant a unitary right – what it grans is a set of independent national patents. Thus, a European patent application designating a singular member state which has been accorded a filing date, shall be equal to a regular national application where appropriate. The steps required for the validation of such a patent is subjective to the individual member states.
Trademarks and Patents Services
Our Trademarks and Patents Services include registrations and renewals of trademarks and patents, preventative advice regarding both trademark and patent infringement, litigation, arbitration or negotiation of legal rights, defending rights over trademarks and patents, and execution of infringement proceedings. With respect to trademarks, our lawyers may also assist you in identical and similarity OHIM searches, company name searches, in-use searches, owner searches and searches with a legal opinion. Trademarks and Patents, nevertheless, both form part of our intellectual property practice group.
Trademarks and patents are necessary elements for a company. However, it is imperative that before analyzing the relevant legal provisions for Maltese Trademarks and Patents, a company is required to ask: what are trademarks and patents?
A trademark is a graphic design or a word which represents a company or product. On the other hand, a patent is the protection of an innovative idea, usually translating into the notion of an innovative product. To give you a more comprehensive idea, the Maltese Trademarks and Patents shall be discussed separately to provide greater detail.
European Union Trademark
All European Union Trademarks are applicable to any member state. And, as a result, each trademark has its due protection in each of the EU’s countries, as part and parcel with EU membership. Moreover, an EUT is subject to the European Union Intellectual Property Office.
In addition, an EUT registered at the EUIPO, upon which applicants enjoy the protection of their trademark throughout the EU, means that the owner is given protection in all EU member states in one single application, as previously mentioned. The fees that incur are dependent upon the method of application; if the individual opts to apply online, the fee is that of EUR 850. On the other hand, if it is in paper format, it would amount to EUR 1000.
European Patents
The primary pan-European solution, with regards to patent, is that of resorting to the European Patent Office (EPO). It is imperative to note that the European Trademark is different to the European Patent, both in substance and even in the way they function in relation to EU member states.
While an EU trademark is automatically valid in all EU member states, a European Patent, contrastingly, does not grant a unitary right – what it grans is a set of independent national patents. Thus, a European patent application designating a singular member state which has been accorded a filing date, shall be equal to a regular national application where appropriate. The steps required for the validation of such a patent is subjective to the individual member states.
Trademarks and Patents Services
Our Trademarks and Patents Services include registrations and renewals of trademarks and patents, preventative advice regarding both trademark and patent infringement, litigation, arbitration or negotiation of legal rights, defending rights over trademarks and patents, and execution of infringement proceedings. With respect to trademarks, our lawyers may also assist you in identical and similarity OHIM searches, company name searches, in-use searches, owner searches and searches with a legal opinion. Trademarks and Patents, nevertheless, both form part of our intellectual property practice group.