From the bench: Counterfeits at the Freeport
The branding of one’s product or service can be defined as the words, phrases, symbols, designs or a combination of such which distinguish and communicate the differences between one product and another. A trademark is a unique element that directs the consumer towards a specific product or service, helping one differentiate between similar products and identify the difference between them while simplifying the choice of the consumer towards what they truly desire. In most cases, an identifiable trademark also allows trust to develop between the person offering the product/service and the consumer based on the product/ service’s good repute. Trademark protection is territorial in scope. The protection conferred by a Maltese trademark is limited to Malta’s territorial confines; however, European trademarks also exist, and these confer protection through one unitary trademark across all European countries. The concept of unregistered trademark rights is also present under Maltese law and derive from general principles of Maltese law in the Commercial Code. In this respect, the Commercial Code provides that regardless of whether a name, mark or distinctive device has been...