LAWS OF MALAWI
Trade marks
Cap. 49:01
PART II
EFFECT OF REGISTRATION AND THE ACTION FOR INFRINGMENT
No
action
for
infringement
of
unregistered trade
mark.
7.
No person shall be entitled to institute any proceedings to prevent or to recover
damages for the infringement of an unregistered trade mark, but nothing in this
Act shall be deemed to affect rights of action against any person for passing off
goods as the goods of another person or the remedies in respect thereof.
8.
A trade mark must be registered un respect of particular goods or classes of
goods, and any question arising as to the class within which any goods fall
shall be determined by the Registrar whose decision shall be final.
Registration to be
in
respect
of
particular goods.
9.
(1) Subject to this section and sections 12 and 13, the registration of a person in
Part A of the register as proprietor of a trade mark in respect of any goods
shall, if valid, give or be deemed to have given 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
registered user thereof using by way of the permitted use, 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:
Right given by
registration in Part
A
and
infringement
thereof.
(a)
as being used 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 referring:-;
(i)
to some person having the right either as proprietor
or as registered user to use the trade mark; or
(ii)
to goods with which such a person as aforesaid is
connected in the course of trade.
(2)
The right to the use of a 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.
(3)
The right to the use of a 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: