LAWS OF MALAWI
Trade marks
Cap. 49:01
(5)
The Registrar may at any time cancel the registration as a defensive
trade mark of a trade mark of which there is no longer any registration
in the name of the same proprietor otherwise than as a defensive trade
mark.
(6)
Except as otherwise expressly provided in this section the provisions
of this Act shall apply in respect of the registration of trade marks as
defensive trade marks and of trade marks so registered as they apply
in other cases and the provisions of section 9 relating to the
infringement of a trade mark registered in Part A of the register shall
apply to the infringement of any defensive trade mark registered in
terms of this section if that registration is valid.
Registered users.
33.
(1) Subject to this section, a person other than the proprietor of a trade mark
registered in either Part A or Part B of the register may be registered as a
registered user thereof in respect of all or any of the goods in respect of which
it is registered (otherwise than as a certification or defensive trade mark) and
either with or without conditions or restrictions.
The use of a trade mark by a registered user thereof in relation to goods with
which he is connected in the course of trade and in respect of which for the
time being the trade mark remains registered and he is registered as a registered
user, being use such as to comply with any conditions or restrictions to which
his registration is subject, is in this Act referred to as the “permitted use”
thereof.
(2)
The permitted use of a trade mark shall be deemed to be use by the
proprietor and shall be deemed not to be use by a person other than
the proprietor for the purposes of section 31 and for any other purpose
for which such use in material under this Act or under any other law.
(3)
Subject to any agreement subsisting between the parties, a registered
user of a trade mark shall be entitled to call upon the proprietor
thereof to take proceedings to prevent infringement thereof, if the
proprietor refuses or neglects to do so within two months after being
so called upon, the registered user may institute proceedings for
infringement in his own name as if he were the proprietor, making the
proprietor a defendant.
A proprietor so added as defendant shall not be liable for any costs unless he
enters an appearance and takes part in the proceedings.
(4)
Where it is proposed that a person should be registered as a registered
user of a trade mark, the proprietor and the proposed registered user
must apply in writing to the Registrar in the prescribed manner and
must furnish him with an affidavit or a solemn declaration made by
the proprietor or by some person authorized to act on his behalf and
approved by the Registrar:-