LAWS OF MALAWI
Trade marks
24.
Cap. 49:01
(6)
An appeal shall lie for any decision of the Registrar under this section.
(7)
An appeal under this section shall be made in the prescribed form and
manner, and on the appeal the Tribunal shall, if required, hear the
parties and the Registrar, and shall make an order determining
whether, and subject to what conditions or limitations, if any,
registration is to be permitted.
(8)
On the hearing of an appeal under this section, any party may, either
in the manner prescribed or by special leave of the Tribunal, bring
forward further material for the consideration of the Tribunal.
(9)
On an appeal under this section, no further grounds of objection to the
registration of a trade mark shall be allowed to be taken by the
opponent or the Registrar, other than those so stated as aforesaid by
the opponent, 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 the costs of the opponent
on giving notice as prescribed.
(10)
On an appeal under this section, the Tribunal may, after hearing the
Registrar, permit the trade mark proposed to be registered to be
modified in any manner not substantially affecting the identity
thereof, but in any such case the trade mark as so modified shall be
advertised in the prescribed manner before being registered.
(1) When an application for registration of a trade mark has been accepted, and
either:(a)
the application has not been opposed and the time for notice
of opposition has expired; or
(b)
the application has been opposed and the opposition has been
decided in favour of the applicant,
the Registrar shall, unless the application has been accepted in error or
unless the Tribunal otherwise directs, register the trade mark, and the
trade mark, when registered, shall be registered as of the date of the
application for registration, and that date shall be deemed, for the
purposes of this Act, to be the date of registration.
Provided that the foregoing provisions of this subsection, relating to
the date as of which a trade mark shall be registered and to the date to
be deemed to be the date of registration, shall, as respects a trade mark
registered under this Act with the benefit of any enactment relating to
international arrangements, have effect subject to that enactment.
Registration.