Cap. 597 ст. 26Use of trademarks.

(1) If, within a period of five years following the date of the completion of the registration procedure, the proprietor has not put the trademark to genuine use in Malta in connection with the goods or services in respect of which it is registered, or if such use has been suspended during a continuous five-year period, the trademark shall be subject to the limits and sanctions provided for in article 27, article 29(1), article 51(1) and (2), and article 53(3) and (4), unless there are proper reasons for non-use.

(2) Subject to Malta becoming member to the Protocol relating to the Madrid Agreement concerning the International Registration of Marks adopted at Madrid on 27 June, 1989, the five-year period referred to in sub-article (1), for a trademark registered under international arrangements and having effect in Malta, shall be calculated from the date when the trademark can no longer be rejected or opposed. Where an opposition has been lodged the period shall be calculated from the date when a decision terminating the opposition proceedings became final or the opposition was withdrawn.

(3) The date of commencement of the five-year period, as referred to in sub-article (1) shall be entered in the register.

(4) The following shall also constitute use within the meaning of sub-article (1):

(a) use of the trademark in a form differing in elements which do not alter the distinctive character of the mark in the form in which it was registered, regardless of whether or not the trademark in the form as used is also registered in the name of the proprietor;

(b) affixing of the trademark to goods or to the packaging thereof in Malta solely for export purposes.

(5) Use of the trademark with the consent of the proprietor shall be deemed to constitute use by the proprietor.