LAWS OF MALAWI
Trade marks
(3)
Cap. 49:01
Subject to subsection (4) to (6) inclusive and sections 12 and 12, the
registration of a person as proprietor of a certification trade mark in
respect of any goods shall, if valid, give to that person the exclusive
right to the use of the trade mark in relation to those goods, and,
without prejudice to the generality of the foregoing words, that right
shall be deemed to be infringed by any person who, not being the
proprietor of the trade mark or a person authorized by him under the
regulations in that behalf using it in accordance therewith, uses a mark
identical with it or so nearly resembling it as to be likely to deceive or
cause confusion in the course of trade in relation to any goods in
respect of which it is registered and in such manner as to render the
use of the mark likely to be taken either:
(a)
As being use as a trade mark; or
(b)
In a case in which the use is use upon the goods or in
physical relation thereto or in an advertising circular or other
advertisement issued to the public, as importing a reference
to some person having the right either as proprietor or by his
authorization under the relevant regulations to use the trade
mark or to goods certified by the proprietor.
(4)
The right to the use of a certification trade mark given by registration
as aforesaid shall be subject to any conditions or limitations entered
on the register and shall not be deemed to be infringed by the use of
any such mark as aforesaid in any mode, in relation to goods to be
sold or otherwise traded in in any place, in relation to goods to be
exported to any market or in any other circumstances to which having
regard to any such limitations, the registration does not extend.
(5)
The right to the use of a certification trade mark given by registration
as aforesaid shall not be deemed to be infringed by the use of any
such mark as aforesaid by any person:
(a)
In relation to goods certified by the proprietor of the trade
mark if, as to those goods or a bulk of which they form part,
the proprietor or another in accordance with his authorization
under the relevant regulations has applied the trade mark and
has not subsequently removed or obliterated it or the
proprietor 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 nor the effect of
the use of the mark is to indicate otherwise than in
accordance with the fact that the goods are certified by the