LAWS OF MALAWI
Trade marks
Cap. 49:01
(a)
Giving particulars of the relationship existing or proposed
between the proprietor and the proposed registered user,
including particulars showing the degree of control by the
proprietor over the permitted use which their relationship
will confer and whether it is a term of their relationship that
the proposed registered user shall be the sole registered user
or that there shall be any other restriction as to persons for
whose registration as registered users application may be
made:
(b)
Stating the goods in respect of which registration is
proposed;
(c)
Starting any conditions or restrictions proposed with respect
to the characteristics of the goods, to the mode or place of
permitted use or to any other matter; and
(d)
Stating whether the permitted use is to be for a period or
without limit of period and, if for a period, the duration
thereof;
and with such further documents, information or evidence as may be
required under the regulations or by the Registrar.
(5)
When the requirements of subsection (4) have been complied with, if
the Registrar, after considering the information furnished to him under
that subsection, is satisfied that in all the circumstances the use of the
trade mark in relation to the proposed goods or any of them by the
proposed registered user, subject to any conditions or restrictions
which the Registrar thinks proper, would not be contrary to the public
interest, the Registrar may register the proposed registered user as a
registered user in respect of the goods as to which he is so satisfied
subject as aforesaid.
(6)
The Registrar shall refuse an application under the foregoing
provisions of this section if it appears to him that the grant thereof
would tend to facilitate trafficking in a trade mark.
(7)
The Registrar shall, if so required by an applicant, take steps for
securing that information given for the purposes of an application
under the foregoing provisions of this section (other than matter
entered in the register) is not disclosed to rivals in trade.
(8)
Without prejudice to section 37, the registration of a person as a
registered user: