38
Registrar with
no authority
to award
costs for
refusal of use
of trade mark
Certification
mark not
assignable
Revocation of
certification
mark
Trademarks
No. 2
(d) that it is requisite for the public interest that, if the
certification mark remains registered, the rules should be varied.
12. Notwithstanding anything in section 73, the Registrar shall
not have any jurisdiction to award costs to, or against any party on
an appeal to him against a refusal of the owner of a certification
mark to certify goods or services or to authorize the use of the trade
mark.
13. A certification mark shall not be assignable or
transmissible otherwise than with the consent of the Registrar
14. The registration of a certification mark may be revoked on
the ground that__
(a) the owner has began to carry on a business involving the
supply of goods or services of the kind certified;
(b) the manner in which the certification mark has been used
by the owner has caused it to become liable to mislead the public
by its character or significance, in particular, if it is likely to be
taken as something other than a certification mark;
(c) the owner has failed to observe or to secure the observance
of the rules governing the use of the certification mark;
(d) an amendment of the rules has been made so that the rules
no longer comply with paragraph 3 or are contrary to public
policy or morality; or
(e) the owner is no longer competent to certify the goods or
services for which the mark is registered.
SECOND SCHEDULE
1.
2.
3.
4.
5.
s. 58
INTERNATIONAL INSTRUMENTS TO WHICH MALAWI IS A PARTY
The Banjul Protocol on Marks Within the Framework of the
African Regional Intellectual Property Organization (ARIPO),
as revised from time to time.
The Paris Convention for the Protection of Industrial Property,
as revised from time to time.
The Nice Agreement Concerning the International
Classification of Goods and Services for the Purposes of the
Registration of Marks, as revised from time to time.
The Vienna Agreement Establishing the Classification of the
Figurative Elements of Marks as revised from time to time.
The Protocol Relating to the Madrid Agreement Concerning the
International Registration of Marks.