proprietor.
LAWS OF MALAWI
Trade marks
Cap. 49:01
Provided that paragraph (a) shall not have effect in the case of use
consisting of the application of any such mark as aforesaid to any
goods, notwithstanding that they are such goods as are mentioned in
that paragraph, if such application is contrary to the relevant
regulations.
(6)
Where a certification trade mark is one of two or more registered
trade marks that are identical or nearly resemble each other, the use of
any of those trade marks in exercise if the right to the use of that trade
mark given by registration shall not be deemed to be an infringement
of the right so given to the use of any other of those trade marks.
(7)
There shall be deposited at the Trade Mark Office in respect of every
trade mark registered under this section regulations approved by the
Registrar for governing the use thereof, which shall include provisions
as to the cases in which the proprietor is to certify goods and to
authorize the use of the trade mark and may contain any other
provisions that the Registrar may require or permit to be inserted
therein (including provisions conferring a right of appeal to the
Registrar against any refusal of the proprietor to certify goods or to
authorize the use of the trade mark in accordance with the
regulations). Regulations so deposited shall be open to inspection in
like manner as the register.
(8)
A certification trade mark shall not be assignable or transmissible
otherwise than with the consent of the Registrar.
(9)
The First Schedule shall have effect with respect to the registration of
a mark under this section and to marks so registered.
(10)
In this section, “person” includes the Minister responsible for the
administration of any Ministry or Government department which has
been authorized or established to certify goods in respect of origin,
material, mode of manufacture, quality, accuracy or other
characteristic.
(11)
Marks which, immediately before the 1st January, 1964, were
registered under the former trade marks legislation as certification
trade marks shall be deemed to be registered as certification trade
marks in Part C of the register.
PART IX
FUNCTIONS OF REGISTRAR IN RELATION TO CERTAIN EVIDENCE,
DOCUMENTS AND POWERS
43.
(1) The power to give to a person who proposes to apply for the registration of
a trade mark in Part A or Part B of the Registrar prima facie to be inherently
adapted to distinguish or capable of distinguishing, as the case may be, shall be
a function of the Registrar under this Act.
Preliminary advice
by Registrar as to
distinctiveness.