LAWS OF MALAWI
Trade marks
Cap. 49:01
16.
It shall not be lawful to register as a trade mark or part of a trade mark any
matter the use of which would, by reason of its being likely to deceive or cause
confusion or otherwise, be disentitled to protection in a court of justice or
would be contrary to law or morality, or any scandalous design.
Prohibition
registration
deceptive
matter.
of
of
etc.,
17.
(1) Subject to subsection (2), no trade mark shall be registered in respect of any
goods or description of goods that is identical with a trade mark belonging to a
different proprietor and already on the register in respect of the same goods or
description of goods or that so nearly resembles such a trade mark as to be
likely to deceive or cause confusion.
Prohibition
registration
identical
resembling
marks.
of
of
and
trade
18.
(2)
In the case of honest current use or other special circumstances which,
in the opinion of the Registrar, or the Tribunal in the event of an
appeal from a decision of the Registrar, make it proper so to do, the
Registrar or the Tribunal, as the case may be, may permit the
registration of trade marks that the identical or nearly resemble each
other in respect of the same goods or description of goods more than
one proprietor subject to such conditions and limitations, if any, as the
Registrar or the Tribunal may think it right to impose.
(3)
Where separate applications are made by different persons to be
registered as proprietors respectively of trade marks that are identical
or nearly resemble each other in respect of the same goods or
description of goods, the Registrar may refuse to register any of them
until their rights have been determined by the Tribunal or have been
settled by agreement in a manner approved by him or on an appeal by
the Tribunal.
(1) In all legal proceedings relating to a trade mark registered in Part A of the
register (including applications under section 37) the original registration in
Part A of the register of the trade mark shall, after the expiration of seven years
from the date of that registration, be taken to be valid in all respects, unless:(a)
(b)
(2)
19.
Registration
in
Part A to be
conclusive as to
validity after seven
years.
that registration was obtained by fraud; or
the trade mark offends against section 16.
Nothing in section 10(1) shall be construed as making applicable to a
trade mark, as being a trade mark registered in Part B of the register,
the foregoing provisions of this section relating to a trade mark
registered in Part A of the register.
If a trade mark:-
Registration
subject
disclaimer.
to