S.L. 597.4 Art. 66Replacement.

(1) (a) Where:

(i) a mark registered in Malta is also the subject of an international registration, and the protection resulting therefrom extends to Malta, and

(ii) the same person is recorded as holder of the registration in Malta and of the international registration, and

(iii) goods and services listed in the national registration are also listed in the international registration in respect of Malta, and

(iv) the extension of that international registration to Malta took effect after the date of registration of the mark in Malta, the holder of the international registration may request the Comptroller to take note of that international registration in the register.

(b) A request filed with the Comptroller in accordance with paragraph (a), shall be made on the relevant official form and shall be subject to the payment of the prescribed fee.

(c) Replacement of the national registration by an international registration is deemed to be automatic when the conditions under Article 4bis (1) of the Protocol are met. Replacement is not depending on any action by the holder or the Comptroller. The effective date of replacement is the date of the international registration or the subsequent designation.

(d) The Comptroller may examine the request referred to in paragraph (1) for compliance with the conditions under Article 4bis

(1) of the Protocol.

(2) Where the Comptroller has taken note of an international registration in accordance with paragraph (1)(a), the Comptroller shall notify the International Bureau accordingly. Such notification shall indicate the following:

(a) the number of the international registration in question,

(b) where only some of the goods and services listed in the international registration are concerned, those goods and services,

(ċ) the filing date and number of the application for registration of the mark in Malta,

(d) the registration date and number of the registration in Malta,

(e) the priority date, if any, of the registration in Malta.

(3) A national registration or registrations shall not be cancelled or otherwise affected by the fact that they are deemed to be replaced by an international registration or that the Comptroller has taken note in its Register of the latter.

(4) Where all the goods and services listed in the national registration or registrations are not listed in the international registration, the scope of replacement shall be limited to the goods and services listed in the international registration.