“sell” includes to expose for sale or have in possession for the purpose of sale
or for any purpose of trade or commerce, and cognate expressions shall be
construed accordingly;
LAWS OF MALAWI
Merchandise marks
Cap. 49:04
“trade descri ption” means any description, statement or other indication,
direct or indirect, as to:
1.
the number, quality, measure, gauge or weight or any goods;
or
2.
the standard of quality of any goods, according to a
classification commonly used or recognized in the trade; or
3.
the name of the manufacturer, producer, assembler or mixer
of any goods; or
4.
the place or country in which any goods were manufactured,
made, produced, assembled or mixed; or
5.
the fitness for purpose, strength, performance or behaviour of
any goods; or
6.
the mode of manufacturing, producing, assembling or mixing
of any goods; or
7.
the material of which any goods are composed; or
8.
the fact of any goods being the subject of an existing patent,
privilege or copyright;
and the use of any figure, word or mark which, according to the
custom of the trade, is commonly taken to be an indication of any of
the above matters shall be deemed to be a trade description within the
meaning of this Act;
“trade mark” means which is used upon or in connection with goods for the
purpose of indicating that they are, by virtue of manufacture, production,
selection, certification, dealing with or offering for sale, the goods of the
proprietor or of a person who is, in terms of any enactment in force within
Malawi, the registered user thereof..
PART I
APPLICATION OF TRADE MARKS AND TRADE DESCRIPTIONS
3.
(1) A person shall be deemed to apply a trade mark or trade description to
goods if he:(a)
applies it to the goods themselves; or
(b)
applies it to any covering, label, reel or other thing or
attached to which the goods are sold; or
Application of
trade m arks and
trade descriptions.