S.L. 597.4 Art. 17Rights in rem.

(1) A request for the registration of a right in rem may be submitted by:

(a) the proprietor of the trademark jointly with pledgee; or

(b) the proprietor of the trademark; or

(c) the pledgee:

Provided that if the said right is recognised in in rem Malta.

(2) The request for the registration of a right shall in rem include:

(a) the trademark number;

(b) the name and address of the proprietor;

(c) the name and address of the pledgee; and

(d) evidence duly establishing the right in rem.

(3) For the purposes of paragraph (d) of sub-rule (2), any of the following shall constitute as sufficient evidence:

(a) a declaration, signed by the trademark proprietor, that he agrees to the registration of the right in rem;

(b) the right in rem contract, or an extract therefrom, indicating the trademark at issue and the parties, and bearing their signatures;

(c) a statement of a right signed by both the in rem, proprietor and the pledgee; or

(d) a judgement issued by a recognised res judicata judicial institution establishing the right in rem.

(4) The procedure for the registration of a transfer for a right in rem follows the same rules as the registration of a right in rem set out in sub-rules (1), (2) and (3).

(5) The registration of a right may be cancelled or in rem modified.

(6) A request for the cancellation or modification for the registration of a right may be submitted by: in rem

(a) the proprietor of the trademark jointly with pledgee; or

(b) the proprietor of the trademark; or

(c) the registered pledgee.

(7) The request for the cancellation or modification for the registration of a right shall include: in rem

(a) the trademark number;

(b) the name and address of the proprietor; and

(c) the name and address of the pledgee.

(8) When the request for cancellation is submitted by the proprietor, the request must be accompanied by evidence establishing that the registered right in rem no longer exists or by a declaration by the pledgee that he consents to the cancellation.

(9) (a) Where the request for modification is submitted by the proprietor, proof of the modification of the registration of the right is required only where the modification is of such a nature in rem that it would diminish the rights of the registered pledgee under the right in rem.

(b) Where the request for modification is submitted by the registered pledgee, proof of the modification of the registration of the right is required only where the modification is of such a nature in rem that it would extend the rights of the registered pledgee under the right in rem.

(10) The registration of rights in rem, of the transfer, of the cancellation or of the modification of those rights shall be entered in the Register and published on the official online journal or any other official publication as may be decided by the Comptroller.

(11) The rules and sub-rules applicable to the registration of rights shall also be applicable to the registration of a security in rem over a trademark, and any reference to a right shall in rem inter alia include a reference to a security..