ARTICLE · 06 DECEMBER 2019

When Does The Principle Of Priority Take Off?

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The decision re-affirms and clarifies some intricacies in the trademark filing system.

MaltaIntellectual Property

Daniel Inguanez

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Baldo Limited v Kontrollur tal-Proprjetà Industrijali (39/2016) 4 Oct 2019

The facts

On the 25th of April 2016 Baldo Limited applied for three trademark registrations; all three relating to the word "Gringos". Those applications were refused by the Comptroller of Industrial Property (Kontrollur tal-Proprjetà Industrijali) on the basis of their similarity to the trademarks "Gringosmarrakech" and "Grin_gos" for which applications had been filed by a third party on the 23rd of April 2016, according to the principle of priority. Significantly, trademark applications are filed electronically using an e-filing system which is available online twenty-four hours of every day.

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