Cap. 597 ст. 16Limitsoneffectsof a registered trademark.

(1) A trademark shall not entitle the proprietor to prohibit a third party from using, in the course of trade:

(a) the name or address of the third party, where that third party is a natural person;

(b) signs or indications which are not distinctive or which concern the kind, quality, quantity, intended purpose, value, geographical origin, the time of production of goods or of rendering of the services, or other characteristics of goods or services;

(c) the trademark for the purpose of identifying or referring to goods or services as those of the proprietor of that trademark in particular where the use of the trademark is necessary to indicate the intended purpose of a product or service in particular as accessories or spare parts.

(2) Sub-article (1) shall only apply where the use made by the third party is in accordance with honest practices in industrial or commercial matters.

(3) (a) A trademark shall not entitle the proprietor to prohibit a third party from using, in the course of trade in Malta, an earlier right, if the right is recognised by law and if, or to the extent that, its use is protected by virtue of any rule of law.

(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.