A comparative study of the law of trade marks

Abstract

"Companies, particularly those which sell goods or services direct to the public, regard their trade marks as being among their most valuable assets. It is·important therefore for a trading nation to have a legal framework for the protection of trade marks which Fully serves the needs of industry and commerce." Anyone who has had any commercial or professional involvement with trade marks should agree with this observation. Many would also agree that the Maltese legal framework for the protection of trade marks is outdated, especially when compared to the trade mark laws ad other countries which have amended such laws to suit.the needs of modern industry. In the developed countries the use of trade marks as an aid to the expansion of trade has long been part of the industrial and commercial scene. Systems for the protection of trade mark rights have followed in the·wake of industrial development and have been widely ·accepted as necessary both for the protection of trade mark proprietors and. for the benefit of consumers. Systems for the protection of trade mark rights in the developed countries have evolved along two main lines, according to whether the law of the relevant country is based upon English law (common law) or upon Roman law~ In Common law countries rights acquired through the widespread use of a mark are confirmed through registration of a mark in a central register administered by the national government. In Roman la.w countries greater emphasis is placed upon statute law and rights are acquired through registration; use of·a mark is of little significance insofar as the acquisition of a right is concerned, even though actual use of a trade mark is necessary in all countries so as to maintain the right confirmed or acquired through registration.