LAWS OF MALAWI
Trade marks
25.
Cap. 49:01
(2)
On the registration of a trade mark the Registrar shall issue to the
applicant a certificate in the prescribed form of the registration thereof
sealed with the seal of the Patent Office.
(3)
Where registration of a trade mark is not completed within twelve
months from the date of the application by reason of default on the
part of the applicant, the Registrar may, after giving notice of the noncompletion to the applicant in writing in the prescribed manner, treat
the application as abandoned, unless it is completed within the time
specified in that behalf in the notice.
(1) The registration of a trade mark shall be for a period of seven years, but
may be renewed from time to time in accordance with this section.
(2)
The Registrar shall, on application made by the registered proprietor
of a trade mark in the prescribed manner and within the prescribed
period, renew the registration of the trade mark for a period of
fourteen years from the date of expiration of the original registration
or of the last renewal of registration, which date is in this section
referred to as “the expiration of the last registration”.
(3)
At the prescribed time before the expiration of the last registration of
a trade mark, the Registrar shall send notice in the prescribed manner
to the registered proprietor of the date of expiration and the conditions
as to payment of fees and otherwise upon which a renewal of
registration may be obtained and, if at the expiration of the time
prescribed in that behalf those conditions have not been duly
complied with, the Registrar may remove the trade mark from the
register, subject to such conditions, if any, as to its restoration to the
register as may be prescribed.
(4)
Where a trade mark has been removed from the register for non
payment of the fee for renewal, it shall, nevertheless, for the purpose
of any application for the registration of a trade mark during one year
next after the date of the removal, be deemed to be a trade mark that is
already on the register.
Provided that the foregoing provisions of this subsection shall not have effect
where the Registrar, or the Tribunal in the event of an appeal from a decision
of the Registrar, is satisfied either:(a)
That there has been no bona fide trade use of the trade mark
that has been removed during the three years immediately
preceding its removal; or
(b)
That no deception or confusion would be likely to arise from
the use of the trade mark that is the subject of the application
for registration by reason of any previous use of the trade
mark that has been removed.
Duration
renewal
registration
and
of