Cap. 597 Art. 8Establishment a posteriori of invalidity or revocation of a trademark.

Where the seniority of a national trademark or of a trademark registered under international arrangements having effect in

Malta, which has been surrendered or allowed to lapse, is claimed for an EU trademark, the invalidity or revocation of the trademark providing the basis for the seniority claim may be established a posteriori, provided that the invalidity or revocation could have been declared at the time the mark was surrendered or allowed to lapse. In such a case, the seniority shall cease to produce its effects.