person in respect of the proceeding or matter may be addressed to
LAWS OF MALAWI
Trade marks
Trade Marks Regulations
Cap. 49:01
(Subsidiary)
such agent, and all attendances upon the Registrar relating thereto
may be made by or through such agent. In any particular case the
Registrar may require the personal signature or presence of an
applicant, opponent, proprietor, registered user or other person.
(3)
15.
The Registrar shall not be bound to recognize as such agent any
person:
(a)
Who has been proved to him to have been guilty of conduct
discreditable to a trade mark agent; or
(b)
Who has been convicted of a criminal offence and sentenced
to imprisonment without the option of a fine; or
(c)
Who has been suspended from practice as a legal practitioner
or whose name has been struck off the roll of legal
practitioners whether in Malawi or elsewhere;
(d)
Who has been adjudged guilty of conduct discreditable to a
patent agent; or
(e)
Who has been suspended from practice as a patent agent, or
whose name has been erased from the register of patent
agents kept under the Patents Act and not subsequently
restored.
(1) The Registrar may refuse to accept any application for the registration of a
mark upon which any of the following appear:
(2)
(a)
the words “Patent”, “Patented”, “Registered”, “Registered
Design”, Copyright”, “Entered as Stationers’ Hall, “To
counterfeit this is a forgery”, or words to like effect;
(b)
representations of the President or any colourable imitations
thereof:
(c)
The words “Red Cross” or “Geneva Cross”, and
representations of the Geneva and other crosses in red, or of
the Swiss Federal cross in white or a red ground or silver on
a red ground, or such representations in a similar colour or
colours.
Where there appears in a trade mark the registration of which is
applied for a representation of a cross in any colour, not being one of
those mentioned in sub-regulation (1)(c ) the Registrar may require
the applicant as a condition of acceptance to undertake not to use the
cross device in red, or in which on a red ground or silver on a red
ground, or in any similar colour or colours.
Registrable
marks.
trade