No. 2
5
Trademarks
“Commissioner General” means the Commissioner General of
the Malawi Revenue Authority appointed pursuant to section 3 of
the Malawi Revenue Authority Act;
“geographical indication” means an indication which identifies
goods or products as originating in the territory of a country,
region or locality in that territory, where a given quality,
reputation or other characteristic of a product is essentially
attributable to its geographical origin and in a case where such
goods are manufactured goods, one of the activities of either the
production or of processing or preparation of the goods
concerned takes place in such territory, region or locality, as the
case may be;
“international instrument” means any convention, treaty,
protocol or agreement between states;
“limitation” means any limitation of the exclusive right to the
use of a trademark given by a person at the time of registration as
owner thereof, including limitations of that right as to mode of
use, and use in relation to goods to be sold or services to be
performed;
“mark” includes a device, brand, heading, label, ticket, name,
signature, word, letter, numeral or any combination thereof;
“Register” means the register of trademarks kept pursuant to
section 6;
“register of trademarks agents” means the register of trademark
agents kept pursuant to section 75;
“trademark” means__
(a) any sign or mark which is capable of being represented
graphically; or
(b) in relation to non-visual signs or marks, any sign or mark
that is sufficiently described in a clear, precise, intelligible and
objective manner, and it is capable of distinguishing the goods
or services of one undertaking from those of other
undertakings. and
(c) serve marks
“Trademarks Office” means the Trademarks Office established
under section 3; and
“transmission” means transmission by operation of law,
devolution on the legal representative of a deceased person and
any other mode of transfer not being an assignment.
Cap 41:02