LAWS OF MALAWI
Trade marks
36.
Cap. 49:01
The application in Malawi of a trade mark to goods to be exported from
Malawi and any other act done in Malawi in relation to goods to be so exported
which, if done in relation to goods to be sold or otherwise traded in in Malawi,
would constitute use of a trade mark therein shall be deemed to constitute use
of the trade mark in relation to those goods for any purpose for which such use
is material under this act or under any other law
Use of trade mark
for export trade.
PART VII
RECTIFICATION AND CORRECTION OF THE REGISTER
37.
(1) Any person aggrieved by the non-insertion in or omission from the register
of any entry, or by any entry made in the register without sufficient cause, or
by any entry wrongly remaining on the register, or by any error or defect in any
entry in the register, may apply in the prescribed manner to the Tribunal or, at
the option of the applicant and subject to section 64, to the Registrar, and the
Tribunal or the Registrar may make such order for making, expunging or
varying the entry as the Tribunal or the Registrar may think fit.
(2)
The Tribunal or the Registrar may in any proceeding under this
section decide any question that it may be necessary or expedient to
decide in connection with the rectification of the register.
(3)
In case of fraud in the registration, assignment of transmission of a
registered trade mark, the Registrar may himself apply to the Tribunal
under this section.
(4)
Any order of the Tribunal rectifying the register shall direct that
notice of the rectification shall be served in the prescribed manner on
the Registrar, and the Registrar shall on receipt of the notice rectify
the register accordingly.
(5)
The power to rectify the register conferred by this section shall
include power to remove a registration in Part A of the register to Part
B.
38.
On application by any person aggrieved to the Tribunal or, at the option of the
applicant and subject to section 64, to the Registrar or on application by the
Registrar to the Tribunal, the Tribunal or the Registrar may make such order as
the Tribunal or the Registrar may think fit for expunging or varying the
registration of a trade mark on the ground of any contravention of or failure to
observe a condition entered on the register in relation thereto.
39.
(1) The Registrar may, in request made in the prescribed manner by the
registered proprietor:(a)
correct any error in the name, address or description of the
registered proprietor of a trade mark;
(b)
enter any change in the name, address or description of the
General power to
rectify entries in
register.
Power to expunge
or
vary
registration
for
breach
of
condition.
Correction
register.
of