LAWS OF MALAWI
Trade marks
Cap. 49:01
(2)
Any such person who is desirous of obtaining such advice must make
application to the Registrar therefore in the prescribed manner.
(3)
If on application for the registration of a trade mark as to which the
Registration has given advice as aforesaid in the affirmative, made
within three months after the advice is given, the Registrar, after
further investigation or consideration, gives notice to the applicant of
objection on the ground that the trade mark is not adapted to
distinguish or capable of distinguishing, as the case may be, the
applicant shall be entitled, on giving notice of withdrawal of the
application within the prescribed period, to have repaid to him any fee
paid on the lodging of the application.
44.
Where any discretionary or other power is given to the Registrar by this Act or
the regulations, he shall not exercise that power adversely to the applicant for
registration or the registered proprietor of the trade mark in question (if duly
required so to do within the prescribed time) giving to the applicant or
registered proprietor an opportunity of being heard.
45.
(1) A certificate purporting to be signed by the Registrar and certifying that any
entry which he is authorized by or under this Act to make has or has not been
made, or that any other thing which he is so authorized to do has or has not
been done, shall be prima facie evidence of the matters so certified
(2)
46.
Hearing
before
exercise
of
Registrar’s
discretion.
Evidence of certain
entries
and
documents.
A copy of any entry in any register or of any document kept in the
Trade Marks Office or of any trade mark or an extract from any such
register or document, certified by the Registrar and sealed with the
seal of the Patent Office, shall be admitted in evidence without further
proof and without production of the original.
The Registrar shall, on the request of any person and on payment of the
prescribed fee, furnish copies of any documents which are open to public
inspection and which are lodged at the Trade Marks Office or particulars from
the register or furnish a certificate in respect thereof.
47.
In all proceedings before the Registrar under this Act, the Registrar shall have
power to award to any party such costs as he may consider reasonable and to
direct how and by what parties they are to be paid. Any costs awarded by the
Registrar shall be taxed by a taxing officer of the Tribunal and payment thereof
may be enforced in the same manner as if they were costs allowed by the
Tribunal.
48.
(1) Subject to section 79, evidence in any proceedings before the Registrar
under this Act shall be given by affidavit, so,
Requests
for
information as to
trade mark.
Power of Registrar
to award costs.
Proceedings before
Registrar.