The development of trade marks legislation in Malta

Abstract

The study of law has been one of the main promoters of human knowledge and there are few branches of instruction which can boast of more ancient study. Law governs human relations, and it is quite understandable that such relations were the subject of consideration and study since persons started living together in a more or less orderly way. With the passing of the centuries, this way of life changed considerably as it developed, and the new relations had to be governed by new rules; hence the creation of new fields of law. The subject which this thesis proposes to discuss concerns one which has been adequately regulated only in recent times: it would seem therefore appropriate to give a general idea of the concept of a trade mark and a brief historical outline of its development in this introductory chapter. From a general aspect, a trade mark is an instrument whereby a trader and in particular a manufacturer distinguishes his goods from those of others in the hope of attracting consumers to his own goods in preference to similar goods produced by others. It is a symbol, generally consisting of a label, picture or word, applied to the goods of a trader for the purpose of distinguishing them from those of other traders, and of identifying them as his goods, or as goods of those claiming under him. Trade mark legislation is meant to protect the symbol or device used to distinguish the goods of a manufacturer from those of another. An article may be produced and sold by any trader. It is not the function of a trade mark to distinguish the article as such. Thus, the owner of a trade mark for transistor radios cannot stop other manufacturers from producing similar wireless sets; he can however stop competing producers from making use of the trade mark he had previously made use of, since this would give rise to the possibility of purchasers passing off as his, goods which in fact are not his.