LAWS OF MALAWI
Trade marks
Cap. 49:01
14 of 1957(F)
37 of 1960(F
2 of 1962(F)
G.N.. 5/1964(M)
166/1967
TRADE MARKS
CHAPTER 49:01
PRELIMINARY
An Act to make provision relating to the registration of Trade Marks for other
purposes incidental thereto
(1ST APRIL 1958)
Short title
1.
This Act may be cited as the Trade Marks Act.
2.
(2) In this Act, unless inconsistent with the context –
Interpretation
“assignment” means assignment by act of the parties concerned;
“Convention” means the Union Convention of Paris, dated the 20th March
1883, for the Protection of Industrial Property, revised at Brussels on the 14th
December, 1900, at Washington on the 2nd June 1911, at The Hague on the 6th
November 1925, and at London on the 2nd June 1934, and any revision thereof
to which Malawi may accede in terms of section 7 of the Patents Act;
“assignee” means-;
“Convention country”, in relation to any provision of this Act, means a
country (including any colony, protectorate or territory subject to the authority
or under the suzerainty of that country, or any territory over which a mandate
or trusteeship is exercised) which has been declared to be a convention country
in terms of section 7 of the Patents Act;
Cap. 49:02
“examiner” means an examiner appointed under section 5;
“former trade marks legislation” means this Act as in force from time to time
prior to the 1st January 1964;
“limitations” means any limitations of the exclusive right to the use of a trade
mark given by the registration of a person as proprietor thereof, including
limitations of that right as to mode of use, as to use in relation to goods to be
sold or otherwise traded in any place within Malawi or as to use in relation to
goods to be exported to any market outside Malawi;
“mark” includes a device, brand, heading, label, ticket, name, signature, word,
letter, numeral or any combination thereof;
“patent agent” means a person who is registered as such under section 68(1)
of the Patents Act and is by virtue of that Act entitled to practise as a patent
agent;
Cap. 49:02