LAWS OF MALAWI
Trade marks
23.
Cap. 49:01
(5)
An appeal under this section shall be made in the prescribed manner,
and on the appeal the Tribunal shall, if required, hear the applicant
and the Registrar, and shall otherwise deal with such appeal in
accordance with Part X.
(6)
Appeals under this section shall be heard on the materials stated as
aforesaid by the Registrar, and no further grounds of objection to the
acceptance of the application shall be allowed to be taken by the
Registrar, other than those so stated as aforesaid by him, except by
leave of the Tribunal. Where any further grounds of objection are
taken, the applicant shall be entitled to withdraw his application
without payment of costs on giving notice as prescribed.
(7)
The Registrar, or the Tribunal in the event of an appeal from a
decision of the Registrar, may at any time, whether before or after
acceptance, correct any error in or in connection with the application
or may permit the applicant to amend his application upon such terms
as the Registrar or the Tribunal may think right.
(1) When an application for registration of a trade mark has been accepted,
whether absolutely or subject to conditions or limitations, the applicant shall,
as soon as may be after acceptance, advertise the application as accepted in the
prescribed manner, and the advertisement shall set forth all conditions and
limitations subject to which the application has been accepted:
Provided that the Registrar may direct that an application shall be advertised
before acceptance if it is made under section 14(1)(e), or in any other case
where it appears to him that it is expedient by reason of any exceptional
circumstances so to do, and where an application has been so advertised, the
Registrar may, if he thinks fit, direct that it shall be advertised again when it
has been accepted, but shall not be bound so to do.
(2)
Any person may, within the prescribed time from the date of the
advertisement of an application, give notice to the Registrar of
opposition to the registration.
(3)
The notice shall be given in writing in the prescribed manner and shall
include a statement of the grounds of opposition.
(4)
The Registrar shall send a copy of the notice to the applicant and,
within the prescribed time after receipt thereof, the applicant shall
send to the Registrar, in the prescribed manner a counter-statement of
the grounds on which he relies for his application, and if he does not
do so, he shall be deemed to have abandoned his application.
(5)
If the applicant sends a counter-statement as aforesaid, the Registrar
shall furnish a copy thereof to the persons giving notice of opposition,
and shall, after hearing the parties, if so required, and considering the
evidence, decide whether, and subject to what conditions or
limitations, if any, registration is to be permitted.
Opposition
registration
appeals.
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