No. 2
Trademarks
48.__(1) A person who makes a representation__
(a) that a trademark which is not registered, is a registered
trademark;
(b) with respect to a part of a registered trademark not being a
part separately registered as a trademark to the effect that it is so
registered;
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False
representation
of a
registered
trademark
(c) to the effect that a registered trademark is registered in
respect of any goods or services in respect of which it is not
registered; or
(c) to the effect that the registration of a trademark gives an
exclusive right to the use thereof in any circumstances in which,
having regard to any limitation entered on the register, the
registration does not give such right,
commits an offence and shall, on conviction, be liable to a fine
of K10,000,000 and imprisonment for ten years.
(2) For the purposes of this section, the use in Malawi in relation
to trademark of the word “registered” or of any other word referring,
whether expressly or impliedly, to registration, shall be deemed to
import a reference to registration in the Register, except where the
word__
(a) is used in physical association with other words delineated
in characters at least as large as those in which the word is
delineated, indicating that the reference is to registration as a
trademark under the law of a country outside Malawi, being a
country under the law of which the registration referred to is in
fact in force;
(b) is, being a word other than the word “registered”, of itself
such as to indicate that the reference is to such registration as last
aforesaid; or
(c) is used in relation to a mark registered as a trademark under
the law of another country and in relation to goods to be
exported to that country.
49. A person who__
(a) for the purpose of deceiving the Registrar or any other
officer in the Trademarks Office, in the implementation of this
Act; or
(b) for the purpose of procuring or influencing the doing or
omission of anything in relation to this Act,
Deceiving or
influencing
the Registrar