LAWS OF MALAWI
Trade marks
(2)
Cap. 49:01
The Registrar shall not, in exercise of any power conferred on him for
the purpose aforesaid, make any amendment of the register that would
have the effect of adding any goods or classes of goods to those in
respect of which a trade mark is registered (whether in one or more
classes) immediately before the amendment is to be made or of ante
dating the registration of a trade mark in respect of any goods:
Provided that this subsection shall not have effect in relation to goods as to
which the Registrar is satisfied that compliance with this subsection in relation
thereto would involve undue complexity and that the addition or ante-dating, as
the case may be, would not affect any substantial quantity of goods and would
not substantially prejudice the rights of any person.
(3)
A proposal for the amendment of the register for the purpose aforesaid
shall be notified to the registered proprietor of that trade mark
affected, shall be subject to appeal by the registered proprietor to the
Tribunal, shall be advertised by the proprietor with any modifications,
and may be opposed before the Registrar by any person aggrieved on
the ground that the proposed amendment contravenes subsection (2),
and an appeal shall lie from any decision of the Registrar on any such
opposition.
PART VIII
CERTICIFICATION TRADE MARKS
42.
(1) A mark adapted in relation to any goods to distinguish in the course of trade
goods certified by any person in respect of origin, material, mode of
manufacture, quality, accuracy or other characteristic from goods not so
certified shall be registrable as a certification trade mark in Part C of the
register in respect of those goods in the name, as proprietor thereof, of that
person:
Provided that a mark shall not be so registrable in the name of a person who
carries on a trade in goods of the kind certified.
(2)
In determining whether a mark is adapted to distinguish as aforesaid,
the Registrar, or the Tribunal in the event of an appeal from a decision
of the Registrar, may have regard to the extent of which:(a)
The mark is inherently adapted to distinguish as aforesaid in
relation to the goods in question; and
(b)
By reason of the use of the mark or of any other
circumstances, the mark is in fact adapted to distinguish as
aforesaid in relation to the goods in question.
Certification trade
marks.