LAWS OF MALAWI
Trade marks
Cap. 49:01
(a)
To the use of the first-mentioned trade mark in relation to
those goods by the proprietor of a predecessor in title of his;
or
(b)
To the registration of the first-mentioned trade mark in
respect of those goods in the name of the proprietor or a
predecessor in title of his,
Whichever is the earlier, or to object (0n such use being proved) to
that person being put on the register for that identical or nearly
resembling trade mark in respect of those goods under section 17(2).
13.
No registration of a trade mark shall interfere with:(a)
Any bona fide use by a person of his own name or of the
name of his place business, or of the name or of the name of
the place of business of any of his predecessor in business; or
(b)
The use by any person of any bona fide description of the
character or quality of his goods, not being a description that
would be likely to be taken as importing any such reference
as is mentioned in section 9(1)(b) or in section 42(3)(b).
Saving for use of
name, address or
description
of
goods.
PART III
REGISTRABILITY AND VALIDITY OF REGISTRATION
14.
(1) In order for a trade mark (other than a certification trade mark) to be
registrable in Part A of the register, it must contain or consist of at least one of
the following essential particular:(a)
the name of a company, individual or firm, represented in a
special or particular manner;
(b)
the signature of the applicant for registration or some
predecessor in his business;
(c)
an invented word or invented words;
(d)
a word or words having no direct reference to the character
or quality of the goods and not being, according to its
ordinary signification, a geographical name or a surname;
(e)
any other distinctive mark, but a name, signature or word or
words, other than such as fall within the descriptions in the
foregoing paragraphs (a), (b), (c) and (d), shall not be
registrable under this paragraph except upon evidence of its
distinctiveness.
Distinctiveness
requisite
for
registration in Part
A.