LAWS OF MALAWI
Trade marks
(2)
Cap. 49:01
Where the facts mentioned in proviso (a) or (b) to subsection (1) are
proved with respect to any word or words, then:
(a)
If the trade mark consists solely of that word or those words,
the registration of the trade mark, so far as regards
registration in respect of the article or substance in question
or of nay goods of the same description, shall be deemed, for
the purposes of section 37, to be an entry wrongly remaining
on the register.
(b)
If the trade mark contains that word or those words and other
matter, the Registrar, or the Tribunal in the event of an
appeal from a decision of the Registrar, in deciding whether
the trade mark shall remain on the register, so far as regards
registration in respect of the article or substance in question
and of any goods of the same description, may in case of a
decision in favour of its remaining on the register require as a
condition thereof that the proprietor shall disclaim any right
to the exclusive use in relation to that article or substance and
any goods of the same description of that word or those
words, so, however, that no disclaimer on the register shall
affect any rights of the proprietor of a trade mark except such
as arise out of the registration of the trade mark in respect of
which the disclaimer is made; and
(c)
For the purposes of any other legal proceedings relating to
the trade mark:
(i)
If the trade mark consists solely of that word or
those words, all rights of the proprietor, whether
under the common law or by registration, to the
exclusive use of the trade mark in relation to the
article or substance in question or to any goods of
the same description; or
(ii)
If the trade mark contains that word or those words
and other matter, all such rights of the proprietor to
the exclusive use of that word or those words in
such relation as aforesaid.
Shall be deemed to have ceased on the date at which the use
mentioned in proviso (a) to subsection (1) first became well
known and established or at the expiration of the period of
two years mentioned in proviso (b).