Trademark Assignment in Malta

A trademark whether registered or in respect of which an application is being processed may be assigned either together with the goodwill of a business or independently of it. An assignment of a registered trademark is not effective unless made in writing.

A trademark assignment may be partial in respect of certain Trademark Classes.
Also the trademark use may be limited to specific manners and/or localities.

Requirements

Filing requirements for an assignment of a trademark (or trademark application) in Malta:

1. The Power of Attorney
2. The Deed of Assignment

Power of Attorney (POA)

Our Power of Attorney has to be signed by the assignor.
There is no need of a POA from the assignee unless he requires changes after the assignment is effected.

• A notarisation of the POA is required;
• The original POA is required before the trademark assignment will be filed with the Malta IPO;

Deed of Assignment

The Deed of Assignment has to be provided in English and in written form and shall be signed by the parties to the contract.
The Deed of Assignment has to contain the particulars of the assignor, the particulars of the assignee and has to indicate the number of the trademark concerned (trademark number which was issued by the Malta IPO on the "Certificate of Registration").
It also has to indicate a date, which could be the signing date of the document.

A further requirement relating to the assignment document is one of the following:

• The notarisation of the document (signatures) or
• The legalization by a diplomatic or consular representative of Malta or
• The Apostille according to the Hague Convention

In case of a partial/limited assignment the "Deed of Assignment" has to clearly indicate the related trademark classes (goods and services) and/or the limitations.