40
Examination of
application
Notification of
designation for
registration and
refusal
Trademarks
No. 2
indication is not correct, the Office shall classify the goods or
services under the appropriate class or classes of the Nice
Agreement on payment of a classification fee.
4. An application for registration of a mark in which Malawi is
a designated state shall be examined in accordance with this Act.
5.__(1) Where the Trademarks Office is notified that Malawi is a
designated state, the Trademarks office may, before the expiration
of twelve months from the date of the notification, make a written
communication to the Office that, that if a mark is registered by the
Office, that registration shall have no effect in Malawi on the basis
of any grounds, both absolute and relative, including the existence
of third party rights.
(2) Where the Trademarks Office makes the notification under
subparagraph (1) it shall give reasons for the refusal.
Publication of
acceptance of
registration
of a mark and
opposition
(3) The Trademarks Office shall give an applicant an opportunity
to respond to the communication in subparagraph (1) and accord the
applicant an opportunity to be heard on appeal in accordance with
Part X of the Act.
6.__(1) An application in which Malawi is a designated state
which is accepted by the Trademarks Office shall be registered by
the Office and published as accepted by Malawi in the ARIPO
Journal.
(2) Any person may, after the publication under subparagraph (1)
but before the registration of a mark, give a notice of opposition to
the application for registration in Malawi.
(3) The opposition made under subparagraph (2) shall be in
accordance with section 10 of the Act.
4) The Trademarks Office shall transmit to the Office, an
opposition made at any time after publication of a mark in the
Marks Journal where Malawi is designated, but before registration.
Cancellation of
registration
Procedure for
registration
(5) The opposition to the application made pursuant to
subparagraph (4) shall be in accordance with section 10 of the Act.
7.__(1) Section 9 shall apply on cancellation of a registration of
a mark in Malawi whether based on non-use or any other grounds.
(2) Where registration has been cancelled, the Trademarks Office
shall, within one month of cancellation, notify the Office which
shall publish this fact in the ARIPO Journal.
8. All other procedures relating to the process of registration of
a mark where Malawi has been designated shall be in accordance
with the regulations made by the Administrative Council.