LAWS OF MALAWI
Trade marks
Cap. 49:01
in in another place or other places in Malawi and an exclusive right in
another of those persons to the use of a trade mark nearly resembling
the first-mentioned trade mark or of an identical trade mark in relation
to the same goods or description of goods limited to use in relation to
goods to be sold or otherwise traded in in another place or other
places in Malawi
Provided that on application in the prescribed manner by the
proprietor of a trade mark who proposes to assign it, or of a person
who claims that a trade mark has been transmitted to him or to a
predecessor in title of his own or after the commencement of this Act,
in any such case, the Registrar, if he is satisfied that in all the
circumstances the use of the trade marks in exercise of the said rights
would not be contrary to the public interest, may approve the
assignment or transmission, and an assignment or transmission so
approved shall not be deemed to be, or to have been, invalid under
this subsection or under subsection (4), so, however, that in the case
of a registered trade mark this provision shall not have effect unless
application for the registration under section 30 of the title of the
person becoming entitled is made within six months form the date on
which the approval is given or, in the case of a transmission, was
made before that date.
28.
(7)
Where an assignment in respect of any goods of a trade mark that is at
the time of the assignment used in a business in those goods is made,
on or after the commencement of this Act, otherwise than in
connection with the goodwill of that business, the assignment shall
not take effect until the following requirements have been satisfied,
that is to say, the assignee must, not later than the expiration of six
months from the date on which the assignment is made or within such
extended period, if any, as the Registrar may allow, apply to him for
directions with respect to the advertisement of the assignment and
must advertise it in such form and manner and within such period as
the Registrar may direct.
(8)
An appeal shall lie from any decision of the Registrar under this
section.
(1) Trade marks that are registered as, or that are deemed by virtue of this Act
to be, associated trade marks shall be assignable and transmissible only as a
whole and not separately, but they shall for all other purposes, be deemed to
have been registered as separate trade marks.
(2)
Where a trade mark that is registered, or is the subject of an
application for registration, in respect of any goods is identical with
another trade mark that is registered, or is the subject of an application
for registration, in the name of the same proprietor in respect of the
same goods or description of goods, or so nearly resembles it as to be
likely to deceive or cause confusion if used by a person other than the
proprietor, the Registrar, may at any time require that the trade marks
Certain
trade
marks
to
be
associated so as to
be assignable and
transmissible as a
whole only.