The right to the exclusive use of a registered trademark

Abstract

Registration of a trademark endows its proprietor with exclusive rights over his trademark. This thesis seeks to define the scope and extent of those exclusive rights both in Malta and in the European Union. In order to achieve this aim, this thesis investigates: the situations where a third party’s use can be prohibited by a trademark proprietor; where use is liable to affect the functions of a trademark; the workings of the statutory tests for infringement concerning whether the sign and the relating goods or services are identical or similar to those of the trademark proprietor; the limitations on the proprietor’s ability to exercise his exclusive rights in light of certain actions which the law allows to third parties. The trademark proprietor’s exclusive rights should be the result of the right balance between the interests of the proprietor, his competitors, consumers and ultimately the market. The thesis’ final objective is an assessment of whether the trademark proprietor’s exclusive rights are extended further than necessary in light of courts’ interpretation to the laws of the relevant legislation.