LAWS OF MALAWI
Trade marks
15.
Cap. 49:01
(2)
For the purposes of this section, “distinctive” means adapted, in
relation to the goods in respect of which a trade mark is registered or
proposed to be registered, to distinguish goods with which the
proprietor of the trade mark is or may be connected in the course of
trade from goods in the case of which no such connection subsists,
either generally or, where subject of mark is registered or proposed to
be registered subject to limitations, in relation to use within the extent
of the registration.
(3)
The Registrar, or the Tribunal in the event of an appeal from a
decision of the Registrar, in determining whether a trade mark is
adapted to distinguish as aforesaid may have regard to the extent to
which:(a)
The trade mark is inherently adapted to distinguish as
aforesaid; and
(b)
By reason of the use of the trade mark or of any other
circumstances the trade mark is, in fact adapted to distinguish
as aforesaid.
(c)
An appeal shall lie from any decision of the Registrar under
this section.
(1) In order for a trade mark to be registrable in Part B of the register, it must
be capable, in relation to the goods in respect of which it is registered or
proposed to be registered, of distinguishing goods with which the proprietor of
the trade mark is or may be connected in the course of trade from goods in the
case of which no such connection subsists, either generally or, where the trade
mark is registered or proposed to be registered subject to limitations, in relation
to use within the extent of the registration.
(2)
In determining whether a trade mark is capable of distinguishing as
aforesaid, the Registrar, or the Tribunal in the event of an appeal from
a decision of the Registrar, may have regard to the extent to which:(a)
The trade mark is inherently capable of distinguishing as
aforesaid; and
(b)
By reason of the use of the trade mark or of any other
circumstances the trade mark is, in fact, capable of
distinguishing as aforesaid.
(3)
A trade mark may be registered in Part B notwithstanding any
registration in Part A in the name of the same proprietor of the same
trade mark or any part or parts thereof.
(4)
An appeal shall lie from any decision of the Registrar under this
section.
Capability
of
distinguishing
requisite
for
registration in Part
B.