The re-introduction of an opposition procedure in Maltese Trademark Law : a burden or a blessing?

Abstract

This research seeks to analyse a significant procedural reform in Maltese Trademark Law which has been brought about by the harmonisation of Directive (EU) 2015/2436 and constitutes the re-introduction of an opposition procedure. The study will briefly trace the background of Maltese Trademark Law and its evolution particularly commencing from a period of time where an opposition procedure was in place and right holders could contest a later trademark at application phase under the Intellectual Property (Protection) Ordinance. Subsequently, the study will try to reveal the effects of its removal with the coming into force of the Trademarks Act in 2001 by analysing local jurisprudence and paying particular attention to the implications on the intellectual property right holders and the Maltese Trademarks department. Once such repercussions have been scrutinised, the study will investigate the provisions of the Subsidiary Legislation 416.03 which put into effect the new opposition procedure in October 2018. The rest of the research will be dedicated to the evaluation of the possible consequences, positive or otherwise, which this procedural change may impose on right holders and will attempt to provide any recommendations which may serve to ameliorate the process of implementation.