LAWS OF MALAWI
Trade marks
35.
Cap. 49:01
(a)
If the Registrar is satisfied that a body corporate is about to
be constituted and that the applicant intends to assign the
relation to those goods by the corporation; or
(b)
If the application is accompanied by an application for the
registration of a person as a registered user of the trade mark
and the Registrar is satisfied that the proprietor intends it to
be used by that person in relation to those goods and the
Registrar is also satisfied that that person will be registered
as a registered user thereof immediately after the registration
of the trade mark.
(2)
Section 31 shall have effect, in relation to a trade mark registered
under the power conferred by subsection (1) as if for the reference, in
section 31(1)(a) to intention on the part of an applicant for registration
that a trade mark should be used by him there were substituted a
reference to intention on his part that it should be used by the
corporation or registered user concerned.
(3)
When a trade mark is registered in respect of any goods under the
power conferred by subsection (1) in the name of an applicant who
relies on intention to assign to a corporation as aforesaid, then, unless
within such period as may be prescribed or within such further period
not exceeding six months as the Registrar may on application being
made to him in the prescribed manner allow, the corporation has been
registered as the proprietor of the trade mark in respect of those
goods, the registration shall cease to have effect in respect thereof at
the expiration of that period, and the Registrar shall amend the
register accordingly.
(4)
An appeal shall lie from any decision of the Registrar under this
section.
(1) Where under this Act use a registered trade mark is required to be proved
for any purpose, the Registrar, or the Tribunal in the event of an appeal from a
decision of the Registrar, may, if and so far as the Registrar or the Tribunal
thinks right, accept use of an associated registered trade mark, or of the trade
mark with additions or alterations not substantially affecting its identity, as an
equivalent for the use required to be proved.
(2)
The use of the whole of a registered trade mark shall for the purposes
of this Act, be deemed to be also a use of any registered trade mark,
being a part thereof, registered in the name of the same proprietor by
virtue of section 26(1).
Use of one of
associated
or
substantially
identical
trade
marks equivalent
to use of another.