LAWS OF MALAWI
Trade marks
26.
Cap. 49:01
(1) Where the proprietor of a trade mark claims to be entitled to the exclusive
use of any part thereof separately, he may apply to register the whole and any
such part as separate trade marks.
Registration
of
parts
of
trade
marks and of trade
marks as a series.
Each separate trade mark must satisfy all the conditions of an independent
trade mark and shall, subject to section 28(3) and section 35(2), have all the
incidents of an independent trade mark.
(2)
Where a person claiming to be the proprietor of several trade marks,
in respect of the same goods or description of goods, which, while
resembling each other in the material particulars thereof, yet differ in
respect of :(a)
Statements of the goods in relation to which they are
respectively used or proposed to be used; or
(b)
Statements of number, price, quality or names of places;
(c)
Other matter of a non-distinctive character which does not
substantially affect the identity of the trade mark; or
(d)
Colour,
seeks to register those trade marks, they may be registered as a series
in one registration.
PART V
ASSIGNMENT AND TRANSMISSION
27.
(1)
Notwithstanding any rule or law to the contrary, a registered trade
mark shall be, and shall be deemed always to have been, assignable
and transmissible either in connection with the goodwill of a business
or not.
(2)
A registered trade mark shall be, and shall be deemed always to have
been, assignable and transmissible in respect either of all the goods in
respect of which it is registered, or was registered, as the case may be,
or of some (but not all) of those goods.
(3)
Subsections (1) and (2) shall have effect in the case of an unregistered
trade mark used in relation to any goods as they have effect in the
case of a registered trade mark registered in respect of any goods, if
at the time of the assignment or transmission of the unregistered trade
mark it is or was used in the same business as a registered trade mark
and if it is or was assigned or transmitted at the same time and to the
same person as that registered trade mark and in respect of goods all
of which are goods in relation to which the unregistered trade mark is
or was used in that business and in respect of which that registered
trade mark is or was assign or transmitted.
Powers of
restrictions
assignment
transmission.
and
on,
and