LAWS OF MALAWI
Trade marks
Cap. 49:01
TRADE MARKS
CHAPTER 49:01
PRELIMINARY
“permitted use” has the meaning assigned to it by section 33(1);
“register” means the register of trade marks kept under this Act;
“register of trade marks agents” means the register of trade mark agents kept
under section 83(1);
“registered trade mark” means a trade mark that is actually on the register;
“registered user” means a person who is for the time being registered as such
under section 33;
“Registrar” means the Registrar of Trade Marks appointed under section 5;
“regulations” means regulations made under section 81;
“trade mark” means, except in relation to a certification trade mark, a mark
used or proposed to be used in relation to goods for the purpose of indicating,
or so as to indicate, a connection in the course of trade between the goods and
some person having the right either as proprietor or as registered user to use the
mark, whether with or without any indication of the identity of that person, and
means, in relation to a certification trade mark, a mark registered or deemed to
have been registered under section 42;
“trade mark agent” means a person who is:
(a)
registered as a trade mark agent in terms of section 83(2); or
(b)
a legal practitioner or patent agent entitled to practise as a trade mark
agent in terms of section 85;
“Trade Marks Office” means the Trade Marks Office established under
section 3;
“transmission” means transmission by operation of law, devolution on the
legal representative of a deceased person and any other mode of transfer not
being assignment;
“Tribunal” means the Patents Tribunal established under the Patents Act;
(2)
References in this Act to the use of a mark shall be construed as
references to the use of a printed or other visual representation of the
mark, and references therein to the use of a mark in relation to goods
shall be construed as references to the use thereof upon, or in physical
or other relation to, goods.
Cap. 49:02