LAWS OF MALAWI
Trade marks
Cap. 49:01
PART I
ADMINISTRATION
3.
There shall be established under the direction of the Minister an office to be
called the Trade Marks Office.
Establishment of
Trade
Marks
Office.
4.
The seal of the Patent Office kept in terms of the Patents Act shall also be the
seal of the Trade Marks Office, and impressions thereof made for the purposes
of this Act shall be judicially noticed.
Cap. 49:02
5.
There shall be appointed:-
6.
(a)
a Registrar of Trade Marks who shall exercise the powers and perform
the duties assigned to the Registrar by this Act and shall be
responsible for its administration;
(b)
one or more Deputy Registrars of Trade Marks who shall, subject to
the control of the Registrar, have all the powers conferred by this Act
upon the Registrar;
(c)
such examiners and other officers as the Minister may consider
necessary for carrying out the Act.
(1) There shall be kept at the Trade Marks Office for the purposes of this Act
the record called the register of trade marks wherein shall be entered all
registered trade marks with the names, addresses and descriptions of their
proprietors, notifications of assignments and transmissions, the names,
addresses and descriptions of all registered users, disclaimers, conditions,
limitations and such other matters relating to registered trade marks as may be
prescribed.
(2)
The register shall be divided into four parts which shall be known as
Part A, Part B, Part C and Part D respectively.
(3)
Any trade mark which was registered under the former trade marks
legislation shall continue in force in Malawi for the remainder of the
unexpired portion of the period for which it was of force and effect
when registered under the said legislation.
(4)
Subject to this Act, the register of trade marks shall, at all convenient
times, be open to inspection by the public, and certified copies, sealed
with the seal of the Patent Office, of any entry in the register shall be
given to any person requiring them on payment of the prescribed fee.
(5)
No notice of any trust, wither expressed, implied or constructive, shall
be entered in the register, and the Registrar shall not be affected by
any such notice
Appointment
officers.
of
Register of trade
marks.