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ARTICLE · 12 DECEMBER 2025

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In a recent decision, the First Hall of the Civil Court in Malta dismissed a claim for the invalidation of Malta trade mark no. 52531 in respect of the packaging mark...

MaltaIntellectual Property
Timothy Spiteri
Timothy Spiteri
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In a recent decision, the First Hall of the Civil Court in Malta dismissed a claim for the invalidation of Malta trade mark no. 52531 in respect of the packaging mark

on the basis that it was filed under the wrong law.

The claim for invalidity was instituted by Rothmans of Pall Mall Limited in reliance of various absolute and relative grounds for invalidity in relation to a since-revoked trade mark of BR International Holdings Inc. – including alleged conflict with various Maltese trade marks pertaining to the plaintiff that contain the verbal component "ROYALS".

The respondent company raised various pleas in defence to the plaintiff's claims, including the nullity of the action, arguing that the proceedings were instituted on the basis of the currently applicable Trademarks Act, Chapter 597 of the Laws of Malta ("Ch. 597"), which entered into force on 14 May 2019, whereas the respondent's mark was filed in 2013 and eventually registered in 2014 and

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