20
Trademarks
No. 2
damages or grant any other remedy as the court may consider
appropriate.
(2) For purposes of this Act, an “act of unfair competition” means
an act which is contrary to honest practices in industrial or
commercial matters.
(3) Notwithstanding subsection (2), the following shall constitute
acts of unfair competition__
(a) any act of such a nature as to create confusion by any means
whatever, with the establishment, goods or the industrial or
commercial activities of a competitor; or
(b) the making of a false allegation in the course of trade of
such a nature as to discredit the establishment, goods, or
industrial or commercial activities of a competitor.
Cap. 48:09
Protection of
well known
marks
Factors for
determining
well known
marks
(4) This provision shall apply in addition to provisions on unfair
competition provided in the Competition and Fair Trading Act.
PART VI__WELL KNOWN, COLLECTIVE AND CERTIFICATION MARKS
37. The Registrar shall not register a mark registered as a
trademark if the mark is identical to, confusingly similar to or
constitutes a translation of a trademark__
(a) or a trade name which is well known in Malawi as the trade
mark of a person other than the applicant seeking registration and
is used for identical or similar goods or services; or
(b) which is registered with respect to goods or services which
are not similar to those with respect to which registration is
applied for:
Provided that__
(i) use of the trademark in relation to those goods or services
would indicate a connection between those goods or services
and the owner of the well-known mark; and
(ii) the interests of the owner of the well-known mark are
likely to be damaged by such use.
38.__(1) In determining whether a trademark is a well known
mark, the Registrar shall take into account any circumstances from
which it may be inferred that the mark is well known.
(2) Notwithstanding the generality of subsection (1), the
Registrar may consider any of the following factors in determining
whether a trademark is well known__
(a) degree of knowledge or recognition of the mark in the
relevant sector of the public;