Brand Authorisation Letter Template (Malta)

National mark, EU mark, or both

Before drafting, confirm what is registered and where. An EU trade mark covers Malta as part of the single EU right; a national Maltese registration covers Malta alone. Businesses often hold one and assume the other, and a supplier or customs agent asking for evidence needs the actual position rather than an approximation.

This template therefore separates national registration numbers from EU numbers and states which register each cited right sits on. For a distributor operating across several member states, that distinction is the difference between a letter that supports the arrangement and one that does not.

Quality control protects the mark and the relationship

EU trade mark law contemplates licensing and gives an owner rights against a licensee who breaches the licence terms — including terms about the quality of the goods or services. The practical point is the same as the legal one: control over what carries your mark is what keeps the mark worth having.

So this letter requires compliance with named brand and product standards, artwork approval before first use, and production samples on request. In a market Malta's size, where one supplier often serves many of the same customers, an unapproved batch travels fast and the reputational cost lands quickly.

Scope: goods, territory, language and channels

Four questions decide what the letter gives away: which marks, on which goods or services, in which territory, and through which channels. In Malta the language question belongs alongside them, because packaging and marketing frequently need to work in both English and Maltese, and EU labelling rules apply to many product categories.

This letter separates purpose from channels, states expressly that anything unlisted is not authorised, prohibits registering the marks or anything confusingly similar, and asks whether Maltese-language materials are within scope and who approves that artwork.

Ending it without a fight

An authorisation revocable on the spot is fine for a marketplace listing and explosive for a supplier holding printed packaging. This letter keeps immediate revocation for quality failures, counterfeiting, insolvency or breach, and otherwise gives notice plus a defined sell-off window for compliant stock.

It then says what happens to the remainder — de-brand, destroy with certification, or return at the owner's cost — and requires artwork and tooling back or deleted. For goods held in a warehouse or in transit through Malta, that instruction is the difference between an orderly exit and grey-market stock appearing months later.

What each part of the letter does

Owner and authorised party

Legal names, registration and VAT numbers and addresses, so the letter matches company and customs records.

The marks and their registers

Each mark with Maltese national numbers and EU numbers identified separately.

Signed licence wording

Expressly a licence granted in writing and signed by the owner.

Permitted purpose

Manufacture, distribution, marketplace listing or advertising — chosen, not assumed.

Goods, territory and language

Defined goods, a stated territory reflecting the register relied on, and whether Maltese-language materials are in scope.

Channels

The routes to market permitted, with everything else expressly not authorised.

Quality control and approval

Named standards, artwork approval before first use, and a sample and inspection right.

Ownership and goodwill

No transfer of the marks; goodwill belongs to the owner; no challenge to validity.

No sub-licensing

Blocks passing the permission down the supply chain unless a named sub-contractor is approved.

Duration, revocation and sell-off

Dates, a notice period, immediate revocation triggers and a window to sell compliant stock.

End-of-term stock and artwork

De-brand, destroy or return, including goods held in a warehouse or in transit.

Counterfeit cooperation

Optional. Reporting and assistance, with enforcement decisions left to the owner.

Malta points to check

• Confirm which register the right sits on

  A mark may be registered nationally through the Industrial Property Registrations Directorate or protected across the EU as an EU trade mark, which covers Malta. Cite the right that actually supports the territory you are authorising.

  Commerce Department — Industrial Property Registrations Directorate

• Check the EU register where the arrangement crosses borders

  An EU trade mark supports an authorisation spanning member states; a Maltese national right does not. Verify the position on the EU register before drafting a multi-country territory.

  EUIPO

• Put the licence in writing and sign it

  Record the licence in a written instrument signed by the owner, stating the marks, goods, territory, channels and duration. A confirmation email is not a licence a supplier or customs agent can rely on.

• Keep real control over quality

  Trade mark licensing under the EU framework contemplates the owner controlling the quality of the licensed goods or services, and a licence with no standards, approval or sampling leaves the mark unprotected in practice.

• Decide the language scope

  Say whether Maltese-language packaging, labelling and marketing are within the authorisation and who approves that artwork. EU labelling rules apply to many product categories alongside it.

• Give ordinary revocation notice and a sell-off window

  Reserve immediate revocation for quality failures, counterfeiting, insolvency or breach; otherwise notice plus a sell-off period avoids a dispute over committed packaging.

• Deal with warehoused and in-transit stock at the end

  Say what happens to branded goods held in a warehouse or in transit when the authorisation ends, because that stock outlasts most relationships.

How to complete this letter

1. Identify both parties. Enter the owner's legal name, registration and VAT numbers and the exact legal name of the authorised business.
2. List the marks by register. Add Maltese national registration numbers and EU trade mark numbers separately.
3. Set purpose, goods, territory, language and channels. Say what the authorised party may do, on which goods, where, in which languages and through which routes.
4. Add the quality standard. Reference the brand guidelines or specification, name an approval contact and keep the sample right.
5. Set the dates and the exit. Enter the valid-from and valid-until dates, the revocation notice period, the sell-off window and the treatment of warehoused stock.
6. Sign and file. Download the DOCX or print to PDF, sign as an authorised signatory, and keep a copy with your trade mark records.

Frequently asked questions

Related templates

• Affiliate Agreement Template (Malta)
• Broker Agreement Template (Malta)
• Commercial Agency Agreement Template (Malta)