LAWS OF MALAWI
Trade marks
Cap. 49:01
PRELIMINARY
SECTION
1.
Short title
2.
Interpretation
PART I
ADMINISTRATION
3.
4.
5.
6.
Establishment of Patent Office
Appointment of officers
Register of Patents
Seal
PART II
EFFECT OF REGISTRATION AND THE ACTION FOR INFRINGEMENT
7.
8.
9.
10.
11.
12.
13.
No action for infringement of unregistered trade mark
Registration to be in respect of particular goods
Right given by registration in Part A and infringement thereof
Right given by registration in Part B and infringement thereof
Infringement by breach of certain restrictions
Saving for vested rights
Saving for use of name, address or description of goods
PART III
REGISTRABILITY AND VALIDITY OF REGISTRATION
14.
15.
16.
17.
18.
19.
20.
21.
Distinctiveness requisite for registration in Par A
Capability of distinguishing requisite for registration in Part B.
Prohibition of registration of deceptive, etc., matter
Prohibition of registration of identical and resembling trade marks
Registration in Part A to be conclusive as to validity after seven years
Registration subject to disclaimer
Word used as name or description of an article or substance
Effect of limitation as to colour and of absence thereof
PART IV
PROCEDURE FOR, AND DURATION OF, REGISTRATION
22.
23.
24.
25.
26.
Application for registration
Opposition to registration and appeals
Registration
Duration and renewal of registration
Registration of parts of trade marks and of trade marks as a series