Cap. 416 Art. 10Infringement of a registered trademark.

(1) A person infringes a registered trademark if he uses in the course of trade a sign which is identical with the trademark in relation to goods or services which are identical with those for which it is registered.

(2) A person infringes a registered trademark if he uses in the

(b) the sign is similar to the trademark and is used in relation to goods or services identical with or similar to those for which the trademark is registered, there exists a likelihood of confusion on the part of the public, including the likelihood of association with the trademark:

Provided that the mere association without the likelihood of confusion shall not be considered as constituting an infringement.

(3) A person infringes a registered trademark if he uses in the course of trade a sign which -

(a) is identical with or similar to the trademark, and

(b) is used in relation to goods or services which are not similar to those for which the trademark is registered, where the trademark has a reputation in Malta and the use of the sign, being without due cause, takes unfair advantage of, or is detrimental to, the distinctive character or the repute of the trademark.

(4) For the purposes of this article a person uses a sign if, in particular, he -

(a) affixes it to the goods or the packaging thereof;

(b) offers or exposes goods for sale, puts them on the market or stocks them for those purposes under the sign, or offers or supplies services under the sign;

(c) imports or exports goods under the sign; or

(d) uses the sign on business papers or in advertising.

(5) A person who applies a registered trademark to material intended to be used for labelling or packaging goods, as a business paper, or for advertising goods or services, shall be treated as a party to any use of the material which infringes the registered trademark if when he applied the mark he knew or had reason to believe that the application of the mark was not duly authorised by the proprietor or a licensee.

(6) Nothing in the preceding provisions of this article shall be construed as preventing the use of a registered trademark by any person for the purpose of identifying goods or services as those of the proprietor or a licensee. However, any such use otherwise than in accordance with honest practices in industrial or commercial matters shall be treated as infringing the registered trademark if the use without due cause takes unfair advantage of, or is detrimental to, the distinctive character or repute of the trademark.

(a) the use by a person of his own name or address,

(b) the use of indications concerning the kind, quality, quantity, intended purpose, value, geographical origin, the time of production of goods or of rendering of services, or other characteristics of goods or services, or

(c) the use of the trademark where it is necessary to indicate the intended purpose of a product or service, in particular as accessories or spare parts: Provided the use is in accordance with honest practices in industrial or commercial matters.

(3) (a) A registered trademark is not infringed by the use in the course of trade in Malta of an earlier right.

(b) For the purposes of this sub-article an "earlier right" means an unregistered trademark or other sign continuously used in relation to goods or services by a person or his predecessor in title from a date prior to whichever is the earlier of -

(i) the use of the first-mentioned trademark in relation to those goods or services by the proprietor or his predecessor in title, or

(ii) the registration of the first-mentioned trademark in respect of those goods or services in the name of the proprietor or his predecessor in title; and

(iii) an earlier right shall be regarded as applying if, or to the extent that, its use is protected by virtue of any rule of law.