LAWS OF MALAWI
Trade marks
(4)
10.
Cap. 49:01
(a)
In relation to goods connected in the course of trade with the
proprietor or a registered user of the trade mark if, as to those
goods or a bulk of which they form a part, the proprietor or
the registered user conforming to the permitted use has
applied the trade mark and has not subsequently removed or
obliterated it or has at any time expressly or impliedly
consented to the use of the trade mark; or
(b)
In relation to goods adapted to form part of, or to be
accessory to, other goods in relation to which the trade mark
has been used without infringement of the right given as
aforesaid or might for the time being be so used, if the use of
the mark is reasonably necessary in order to indicate that the
goods are so adapted and neither the purpose not the effect of
the use of the mark is to indicate otherwise than in
accordance with the fact a connection in the course of trade
between any person and the goods.
The use of a registered trade mark, being one of two or more
registered trade marks that are identical or nearly resemble each other,
in exercise of the right to the use of that trade mark given by
registration as aforesaid shall not be deemed to be an infringement of
the right so given to the use of any other of those trade marks.
(1)Except as provided by subsection (2), the registration of a person in Part B
of the register as proprietor of a trade mark in respect of any goods shall, if
valid, give or be deemed to have given to that person the like right in relation
to those goods as if the registration had been in Part A of the register, and
section 9 shall have effect in like manner in relation to a trade mark registered
in Part B of the register as they have effect in relation to a trade mark
registered in Part A of the register.
(2)
In any action for infringement of the right to the use of a trade mark
given by registration as aforesaid in Part B of the register, otherwise
than by an that is deemed to be an infringement by virtue of section
11 no injunction or other relief shall be granted to the plaintiff if the
defendant establishes to the satisfaction of the High Court that the use
of which the plaintiff complains is not likely to deceive or cause
confusion or to be taken as indicating a connection in the course of
trade between the goods and some person having the right either as
proprietor or as registered user to use the trade mark.
Right given by
registration in Part
B
and
infringement
thereof.