LAWS OF MALAWI
Trade marks
Trade Marks (Tribunal) Rules
4.
Cap. 49:01
(Subsidiary)
(7.)
The Registrar of Trade Marks as well as the parties or their legal
practitioners shall endeavour to exclude from the record all documents
(more particularly such as are purely formal) that are not relevant to
the subject matter of the appeal, and generally to reduce the bulk of
the record as far as practicable, and to avoid the production of
unnecessary exhibits, taking special care to avoid the duplication of
documents and the unnecessary repetition of headings, and furnish
merely the formal particulars of documents; but the documents
omitted to be copied shall be enumerated in a list to be placed after
the index or at the end of the record.
(8.)
The Registrar of Trade Marks, after consultation with the registrar of
the Tribunal, shall direct the number of copies of the record to be
prepared, having regard to whether or not one or more assessors are
likely to sit upon the hearing of the appeal.
(9.)
After the completion of the preparation of the record the Registrar of
Trade Marks shall certify the record to be correct and forward it to the
registrar of the Tribunal together with such copies thereof as he has
directed to be prepared in terms of sub-rule (8).
(1) Any application for an extension of time in which to appeal shall be in form
TMT. No. 2 and shall state briefly the grounds upon which the application is
based and where facts are alleged such facts shall be verified by affidavit.
Application for an
extension of time in
which to appeal.
(2) The application accompanied by supporting documents shall be delivered
to the Registrar of the Tribunal and copies shall forthwith be served
by the appellant on the Registrar of Trade Marks and on any person or
persons who appeared or gave notice of opposition in the proceedings
before the said Registrar.
(3) The respondent shall be entitled to file an affidavit in reply within fourteen
days fro the date of service or within such longer period as may be
ordered by the Tribunal, and the Tribunal may permit further
affidavits to be filed. Copies of such affidavits shall be served on the
Registrar of Trade Marks and on the appellant or the respondent, as
the case may be, immediately after the affidavits are filed.
Notice of hearing.
5.
(1) The Registrar of the Tribunal shall, after obtaining directions from the
Chairman, give to the Registrar of Trade Marks, to the appellant and to any
opposing party not less than fourteen days’ notice of the time and place
appointed for the hearing of the appeal, unless the Chairman directs that
shorter notice shall be given.