LAWS OF MALAWI
Trade marks
Trade Marks Regulations
Cap. 49:01
(Subsidiary)
16.
The word “Anzac” may not appear on trade mark for whose registration an
application is made.
17.
Where a representation of the armorial bearings, insignia, orders of chivalry,
decorations or flags of any state, city, borough, town, place, society, body
corporate, institution or person appears on a mark, the Registrar, before
proceeding to register the mark, shall, if he so requires, be furnished with a
consent to the registration and use of such emblems form such official or other
person as appears to the Registrar to be entitled to give consent, and in default
of such consent he may refuse to register the mark.
18.
Where the name or representation of any person appears on a trade mark, the
Registrar shall, if he so requires, before proceeding to register the mark be
furnished with consent from him, or, in the case of a person recently dead,
from his legal representative, and in default of such consent he may refuse to
register the mark.
19.
(1) Where the name or description of any goods appears on a trade mark the
Registrar may refuse to register such mark in respect of any goods other than
the goods so named or described.
(2)
20.
Arms of city, etc.
Consent of person
to use of name or
representation.
Name
or
description
of
goods on a trade
mark.
Where the name or description of any goods appear on a trade mark,
which name or description in use varies, the Registrar may permit the
registration of the mark for those and other goods, and in that case the
applicant shall state in his application that the name or description will
be varied when the mark is used upon goods covered by the
specification other than the named or described goods.
(1) Any person who proposes to apply for the registration of a trade mark in
Part A or Part B of the register in respect of any goods may apply to the
Registrar on form TM. No. 30, or on form MT No. 29 in a case where he is
also making an application under regulation 113, for advice as to whether the
trade mark, of which duplicate representations shall accompany the form,
appears to the Registrar prima facie to be inherently adapted to distinguish
within the meaning of section 14 or 15 of the Act, as the case may be, in
relation to goods comprised within different classes of goods in the Fourth
Schedule.
(2)
Prohibited word in
marks.
A notice of withdrawal of an application for the registration of a trade
mark given under section 43(3) of the Act for the purpose of obtaining
repayment of any fee paid on the filing of he application shall be
given in writing two months from the date of the notice of the
Registrar’s objection.
Preliminary advice
by Registrar as to
distinctiveness.