LAWS OF MALAWI
Trade marks
(3)
Cap. 49:01
No word which is the commonly used and accepted name of any
single chemical element or single chemical compound, as
distinguished from a mixture, shall be registered as a trade mark in
respect of a chemical substance or preparation, and any such
registration in force at the commencement of this Act or thereafter
shall, notwithstanding anything in section 18, be deemed, for the
purposes of section 37, to be an entry made in the register without
sufficient cause, or an entry wrongly remaining on the register, as the
circumstances may require:
Provided that the foregoing provisions of this subsection shall not have effect
in relation to a word which is used to denote only a brand or make of the
element or compound as made by the proprietor or a registered user of the
trade mark, as distinguished from the element or compound as made by others,
and in association with a suitable name or description open to public use.
21.
A trade mark may be limited in whole or in part to one or more specified
colours, and in any such case the fact that it is limited shall be taken into
consideration by the Registrar, or by the Tribunal in the event of n appeal from
a decision of the Registrar, in deciding on the distinctive character of the trade
mark.
Effect of limitation
as to colour and of
absence thereof.
If and so far as a trade mark is registered without limitation of colour, it shall
be deemed to be registered for all colours.
PART IV
PROCEDURE FOR, AND DURATION OF, REGISTRATION
22.
(1) Any person claiming to be the proprietor of a trade mark used or proposed
to be used by him who is desirous of registering it must apply in writing to the
Registrar in the prescribed manner for registration either in Part A or in Part B
of the register.
(2)
Subject to this Act, the Registrar may refuse the application or may
accept it absolutely or subject to such amendments, modifications,
conditions or limitations, if any, as he may think right.
(3)
In the case of an application for registration of a trade mark (other
than a certification trade mark) in Part A of the register, the Registrar
may, if the applicant is willing, instead of refusing the application,
treat it as an application for registration in Part B and deal with the
application accordingly.
(4)
In the case of a refusal or conditional acceptance, the Registrar shall,
if required by the applicant, state in writing the grounds of his
decision and the materials used by him in arriving thereat, and the
decision of the Registrar shall be subject to appeal.
Application
registration.
for