(c)
places, encloses or annexes the goods which are sold in, with
or to any covering, label, reel or other thing to which a trade
mark or trade description has been applied; or
LAWS OF MALAWI
Merchandise marks
(d)
Cap. 49:04
Uses a trade mark or trade description in any manner so as to
be likely to lead the belief that the goods in connection with
which it is used are designated or described by that trade
mark or trade description.
(2)
Goods delivered in pursuance of an offer or request made by reference
to a trade mark or trade description appearing in any sign,
advertisement, invoice, wine list, business letter, business paper or
other commercial communication shall, for the purposes of subsection
(1)(d), be deemed to be goods in connection with which the trade
mark or trade description is used.
(3)
A person shall be deemed falsely to apply to goods a trade mark who,
without the consent of the proprietor or of any person who is, in terms
of any enactment in force within Malawi, the registered user thereof,
applies to the goods that trade mark or a mark so nearly resembling it
as to be likely to deceive.
(4)
Any person who applies to goods any word, name, letter, figure or
mark, or arrangement or combination thereof, whether consisting of or
including a trade mark, or arrangement or combination thereof,
whether consisting of or including a trade mark or part of a trade mark
or not, which is likely to lead to the belief that the goods are the
manufacture or merchandise of some person other than the person
whose manufacture or merchandise they really are, shall be deemed to
apply a false trade description to the goods.
PART II
MARKING OF GOODS AND PROHIBITIONS IN RELATION TO TRADE
MARK AND TRADE DESCRIPTIONS
4.
A person shall be deemed to forge a trade mark if he:(a)
without the consent of the proprietor of the trade mark,
makes that trade mark or a mark so nearly resembling that
trade mark as to be likely to deceive; or
(b)
falsifies any genuine trade mark, whether by alteration,
addition, effacement or otherwise;
Certain act
s
deemed to be
a
forgery of a trade
mark.
and any trade mark so made or falsified is in this Act referred to as a
forged trade mark.
5.
(1) No person shall:(a)
forge any trade mark; or
Forgery of tra de
marks and ot her
acts prohibited.