The Civil Court, First Hall of Malta—a court of first instance within the Maltese judicial system—has invalidated the trademark registration for “Business Royals,” ruling that it improperly drew on the reputation of the long-established “Royals” cigarettes produced by Rothmans of Pall Mall Ltd.
The decision, delivered by Judge Ian Spiteri Bailey, stems from a case brought by Rothmans against Polish company Marpoint sp. z o.o. Rothmans argued that the mark, registered in 2022, was filed in bad faith and was likely to mislead consumers due to its similarity to its famous “Royals” tobacco brand, which has been sold in Malta since the late 1960s.
The court examined decades of trademark registrations, sales data, and brand-recognition surveys showing the widespread market presence of the “Royals” name in Malta. Witnesses from the tobacco industry and market research firms testified to the brand’s enduring visibility. Marpoint did not appear in court and was declared in default.
The disputed trademark was first filed by International Tobacco plc in 2019 and later transferred to Marpoint, covering a wide range of tobacco and electronic smoking products. Rothmans maintained that there was no evidence the “Business Royals” mark had ever been used locally.
In its ruling, the Maltese Civil Court (First Hall) found that the “Business Royals” mark attempted to exploit the established goodwill of “Royals,” creating a likelihood of consumer confusion. Consequently, the court ordered the cancellation of trademark number 58934 and instructed its removal from the national trademark register. Marpoint was also ordered to bear the legal costs.
