No. 2

Trademarks
THIRD SCHEDULE

39
s. 60

INTERNATIONAL REGISTRATION OF MARKS UNDER THE AFRICAN REGIONAL
INTELLECTUAL PROPERTY ORGANIZATION (ARIPO) BANJUL PROTOCOL ON MARKS

PARAGRAPHS

1.
2.
3.
4.
5.
6.

Interpretation
Application for registration
Verification of particulars in application
Examination of application
Notification of designation for registration and refusal
Publication of acceptance of registration of a mark and
opposition
7. Cancellation of registration
8. Form and procedure for registration to be in accordance
with regulations
1. In this Schedule, unless the context otherwise requires__
“ARIPO Journal” means the Journal published by the Office;

Interpretation

“Office” means the African Regional Intellectual Property
Organization (ARIPO); and

“Protocol” means the African Regional Intellectual Property
Organization (ARIPO) Banjul Protocol On Marks.
2.__(1) All applications for the registration of a mark under the
Protocol shall be filed either directly with the Office or with the
Trademarks Office.

(2) Where an application is filed with the Trademarks Office, the
Trademarks Office shall transmit the application to the Office
within thirty days of receiving the application.

(3) An applicant shall be represented by a trademarks agent where
an application is filed with the Trademarks Office but the
applicant’s principal place of business or ordinary residence is not
in Malawi.
3.__(1) The application made pursuant to paragraph 2 shall
indicate the goods or services in respect of which protection of a
mark is claimed, including the corresponding class or classes
provided for under the Nice Agreement Concerning the
International Classification of Goods and Services for the Purposes
of the Registration of Marks.

(2) The Trademarks Office shall check that the applicant has
made an indication of the class or classes and that indication is
correct and where the applicant does not give such indication or the

Application
for
registration

Verification
of particulars
in application

Select target paragraph3