An EUTM is administered by a Central EU office (EUIPO) in Alicante, Spain. It is regulated by the EUTM regulation which sets out various characteristics of the EUTM including its special unitary character. The EUTM is the second regional trade mark instrument of its kind to have been set up (following the BENELUX system).

In short the EUTM grants protection across the EU (and other jurisdiction where EU law is applicable) through a single centralised registration. This means that it is easier to deal with from an administrative point of view (single application, single renewal etc.) and possesses greater effectiveness to a business seeking protection in multiple jurisdictions. Further information comparing a local and EU TM can be found in tour specific article below.

International Trademark

There is no such thing as an International Trademark in the purest sense. There is however a centrally administered system facilitating the multiple registration of trademarks across diverse jurisdictions. This is administered by the WIPO (a supra-national body) which in turn administers the instruments facilitating such registrations – The Madrid Agreement and The Madrid Protocol. An international registration (IR) has to be based on a single home registration carried out in a state party to the Madrid Agreement or Protocol. In this sense however a Maltese National Trademark cannot be used as a home registration however an EUTM may serve this purpose. An interested applicant may register for an EUTM and then designate further countries where protection is requested. The entire IR however is dependent on the success of his home registration and therefore in this regard a careful search and clearance report is of paramount importance.

A national registration is granted on a per class basis. This means that a trademark for a number of classes will be registered in each class separately rather than one trademark in multiple classes. This gives an element of procedural and administrative flexibility although it can also lead to headaches when keeping track of multiple renewals and submissions.

The current procedure applied by the Comptroller for Industrial Property is that an Examination based on Absolute and Relative Grounds is carried out by the examiners at the office. The office may also decide to impose certain conditions on registration which an applicant may contest or accept. There is also an opposition mechanism for all National Trademarks.