Cap. 597 Art. 11Preclusion of a declaration of invalidity due to acquiescence.

(1) Where, in Malta, the proprietor of an earlier trademark, as referred to in article 6(2) or article 6(3)(a) has acquiesced for a period of five successive years, in the use of a later trademark registered in Malta, he shall no longer be entitled on the basis of the earlier trademark to apply for a declaration that the later trademark is invalid in respect of the goods or services for which the later trademark has been used, unless registration of the later trademark was applied for in bad faith.

(2) Sub-article (1) is to apply to the proprietor of any other earlier right referred to in article 6(4)(a) or (b).

(3) In the cases referred to in sub-articles (1) and (2), the proprietor of the later registered trademark shall not be entitled to oppose the use of the earlier right, even though that right may no longer be invoked against the later trademark.

Rights conferred and limitations