Registration
We advise on national registration in Malta and on the EU-wide routes, and on which is appropriate for the way a business actually trades. A mark registered only in Malta protects a business only in Malta, which is rarely the whole picture for a company selling online.
Enforcement and commercialisation
Registration is only useful if it is enforced. We act against infringement, and we draft the licensing and assignment agreements through which intellectual property is turned into revenue.
Protecting what a business actually owns
The most common intellectual property problem we see is not infringement. It is a business discovering that it does not own what it assumed it owned, because a logo was designed by a freelancer with no written assignment, or software was built by a contractor whose agreement was silent on the point.
We deal with both ends of that: putting proper assignment and licensing terms in place at the start, and repairing the position afterwards where they were not.
What we cover
- Trademark clearance searches, national and EU registration
- Registered designs and patent filings
- Copyright, ownership of commissioned works and employee-created works
- Licensing, assignment and franchising agreements
- Enforcement against infringement, and defence of claims
- IP aspects of business sales and restructuring
Intellectual property as a business asset
For many businesses the brand is the most valuable thing they own, and it is frequently the least documented. Where a business is being sold, refinanced or brought into a joint venture, intellectual property is one of the first items examined in due diligence, and gaps in ownership discovered at that stage tend to reduce the price.
We advise on putting the position in order well before it is examined: confirming what is owned, registering what should be registered, and documenting the chain of title for anything created by third parties. It is unglamorous work that materially changes what a business is worth.
Common questions
- Should I register my trademark in Malta or across the EU?
- It depends where you trade and where you intend to. We advise on the options and the cost difference before anything is filed.
- Someone is using my brand name. What can I do?
- Options range from a cease-and-desist through to proceedings. The strength of your position depends significantly on whether the mark is registered, which is why registration is worth doing early.
- Do you advise on copyright?
- Yes, including on ownership of works created by employees and contractors, which is a frequent and avoidable source of dispute.