(1) The definition of a trademark now includes any sign capable of being represented graphically. Under this definition, personal names, letters, numerals, and the shape of goods or their packaging are now prima facie registrable.

(2) The International Classification of Goods and Services has been adopted.

(3) Service marks, collective marks and certification marks are now registrable.

(4) The term of a registration has been reduced from 14 years to 10 years and registrations may be renewed for 10-year periods.

(5) Applications will no longer be published for opposition purposes. Instead, marks will be published upon registration and third parties may thereafter bring an action before the Civil Court to invalidate the registration on the ground of confusing similarity with earlier rights.

(6) The new law has introduced a user requirement whereby a registered mark that has not been used for a period of 5 consecutive years is vulnerable to attack on the ground of non-use.

(7) A provision for the exhaustion of rights has been introduced. A registered trademark is not infringed by the use of the trademark in relation to goods which have been put on the market in Malta under such trademark by the trademark owner or with his consent.

(8) Applications filed prior to January 1, 2001 will be processed under the provisions of the former law.

(9) The new law makes it a criminal offense for any person to make unauthorized use of a trademark with a view to gain for himself or with the intent to cause loss to another. A person found guilty of such an offense shall be liable to imprisonment, a fine or both.