LAWS OF MALAWI
Trade marks
Trade Marks (Tribunal) Rules
9.
10.
Cap. 49:01
(Subsidiary)
(1) An appellant may at any time abandon his appeal by giving notice of
abandonment in form TMT. No. 3 to the register of the Tribunal, and upon
such notice being given the appeal shall be deemed to have been dismissed by
the Tribunal.
(2)
The appellant shall serve a copy of the notice of abandonment on the
respondent and on the Registrar of Trade Marks.
(3)
The respondent may, upon receipt of such notice, apply to the
Tribunal for an order in respect of any costs incurred by him.
(If it appears to the Tribunal that any notice of appeal against a decision of the
Registrar of Trade Marks discloses grounds of appeal which are frivolous or
vexatious and that the appeal of appeal can be determined without a hearing,
the Tribunal may dismiss the appeal summarily without calling on any person
to attend the hearing of such appeal.
Abandonment or
failure to prosecute
appeal.
Frivolous
or
vexatious appeals.
PART II
APPLICATIONS TO TRIBUNAL
11.
(1) An application to the Tribunal under section 31, 32, 37 or 38 of the Act
shall be made in firm TMT. No. 4 and shall be filed with the Registrar of Trade
Marks.
(2)
The application shall set out fully the nature of the application’s
interest, the facts, upon which he bases his case and the relief he
seeks, and shall be accompanied by an affidavit verifying the facts set
out therein..
(3)
The application shall serve copies of the application and of the
relevant affidavit upon the registered proprietor or registered user of
the trade mark concerning which the application is made and upon
any other person appearing from the register to be interested in the
trade mark, and he shall advertise the application in one issue of the
Gazette, in such form as may be approved by the Registrar of Trade
Marks.
(4)
At any time within two months from the date of the advertisement the
registered proprietor or registered user of the trade mark or any other
person who wishes to oppose the application shall deliver to the
Registrar of Trade Marks a counter-statement, verified by affidavit is
opposed, and shall at the same time serve upon the applicant a copy of
the counter-statement and of such affidavit. Proof of service shall be
furnished to the satisfaction of the said Registrar.
(5)
When this rule has been complied with to the extent herein required
the Registrar of Trade Marks shall hand all relevant papers to the
registrar of the Tribunal.
Application
to
Tribunal
under
section 31, 32, 37
or 38.