Cap. 597 Art. 29Absence of genuine use as grounds for revocation.

(1) A trademark shall be liable to revocation if, within a continuous five-year period, it has not been put to genuine use in Malta, in connection with the goods or services in respect of which it is registered, and there are no proper reasons for non-use.

(2) The registration of a trademark shall not be revoked on the grounds mentioned in sub-article (1) if such use as is referred to in that sub-article is commenced or resumed after the expiry of the five-year period and before the action for revocation is made:

Provided that, the commencement or resumption of use within the three-month period preceding the filing of the action shall be disregarded where preparations for the commencement or resumption occur only after the proprietor becomes aware that the action may be filed.