LAWS OF MALAWI
Trade marks
34.
Cap. 49:01
(a)
May be varied by the Registrar as regards the goods in
respect of which or any conditions or restrictions subject to
which it has effect, on the application in writing in the
prescribed manner of the registered proprietor of the trade
mark to which the registration relates;
(b)
May be cancelled by the Registrar on the application in
writing in the prescribed manner of the registered proprietor
or of the registered user or of any other registered user of the
trade mark; or
(c)
May be cancelled by the Registrar on the application in
writing in the prescribed manner of any person on any of the
following grounds, that is to say:(i)
That the registered user has used the trade mark
otherwise than by way of the permitted use or in
such a way as to cause or to be likely to cause
deception or confusion;
(ii)
That the proprietor or the registered user
misrepresented or failed to disclose some fact
material to the application for the registration or that
the circumstances have materially changed since the
date of the registration.
(9)
Provision shall be made by regulations for the notification of the
registration of a person as a registered user to any other registered
user of the trade mark, and for the notification of n application under
subsection (8) to the registered proprietor and each registered user
(not being the applicant) of the trade mark, and for giving to the
applicant on such an application, and to all persons to whom such an
application is notified and who intervene in the proceedings in
accordance with the regulations an opportunity of being heard.
(10)
The Registrar may at any time cancel the registration of a person as a
registered user of a trade mark in respect of any goods in respect of
which the trade mark is no longer registered.
(11)
An appeal shall lie from any decision of the Registrar under this
section.
(12)
Nothing in this section shall confer on a registered user of a trade
mark any assignable or transmissible rights to the use thereof.
(1) No application for the registration of a trade mark in respect of any goods
be refused, nor shall permission for such registration be withheld, on the
ground only that it appears that the applicant does not use or propose to use the
trade mark:-
Proposed use of
trade mark by
corporation to be
constituted, etc.