SECOND SCHEDULE
LAWS OF MALAWI
Trade marks
Trade Marks (Tribunal) Rules
Cap. 49:01
(Subsidiary)
under s. 53
G.N.
261/1957(F)
5/1964(M)
166/1967
PRELIMINARY
Citation.
1.
These rules may be cited as the Trade Marks (Tribunal) Rules.
Interpretation.
2.
In these Rules, unless inconsistent with the context:
“Office” means the Trade Marks Office;
“Chairman” means the Chairman of the Tribunal;
Entry of appeal.
3.
(1) Any person who desires to appeal to the Tribunal from a decision of the
Registrar of Trade Marks in any matter in which a right of appeal is given
under the Act shall, within three months after the date of the decision, file with
the registrar of the Tribunal a notice in form TMT. No. 1.
(2.)
A notice of appeal shall state the nature of the decision appealed
against and whether the appeal is from the whole or part only and, if
so, what part of the decision.
(3.)
The notice in form TMT. No. 1 shall be accompanied:
Above p. 49.
(a)
in case the appeal concerns an application within regulations
31 to 35 inclusive of the Trade Marks Regulations by a copy
of the form of application containing a representation of the
mark applied for and a copy of the grounds of the decision of
the Registrar of Trade Marks;
(b)
in other cases by a copy of the decision of the Registrar of
Trade Marks.
(4.)
The notice shall also be accompanied by a statement in writing of the
appellant’s grounds of appeal.
(5.)
The appellant shall send a copy of the notice of appeal to the Registrar
of Trade Marks and to any person or persons who appeared or gave
notice of opposition in the proceedings before the said Registrar.
(6.)
The appellant shall be responsible for the preparation of the record
which shall be certified by the Registrar of Trade Marks as correct in
terms of sub-rule (9).