name, if he so requires, shall be endorsed and signed as aforesaid.
LAWS OF MALAWI
Trade marks
Trade Marks Regulations
Cap. 49:01
(Subsidiary)
Search
31.
Upon receipt of an application for the registration of a trade mark in respect of
any goods the Registrar shall cause a search to be made amongst the registered
marks and pending applications, for the purpose of ascertaining whether there
are on record in respect of the same goods or description of goods any marks
identical with the mark applied for, or so nearly resembling it as to render the
mark applied for likely to deceive or cause confusion, and the Registrar may
cause the search to be renewed at any time before the acceptance of the
application, but shall not be bound to do so.
32.
After such search, and consideration of the application, and of any evidence of
use or of distinctiveness or of any other matter which the applicant may furnish
or may be required to furnish, the Registrar may accept the application
absolutely, or he may object to it, or he may express his willingness to accept it
subject to such conditions, amendments, disclaimer, modifications or
limitations as he may think right to impose.
33.
If the Registrar object to the application, he shall inform the applicant of his
objections in writing, and unless within two months the applicant applies for a
hearing or makes a considered reply in writing to those objections he shall
deemed to have withdrawn his application.
34.
If the Registrar is willing to accept the application subject to any conditions,
amendments, disclaimer, modifications or limitations, he shall communicate
such willingness to the applicant in writing, and if the applicant objects to such
conditions, amendments, disclaimer, modifications or limitations, he shall
within two months from the date of the communication apply for a hearing or
communicate his considered objections in writing, and if he does not do so he
shall be deemed to have withdrawn his application. If the applicant does not
object to such conditions, amendments, disclaimer, modifications or
limitations, he shall forthwith notify the Registrar in writing and alter his
application accordingly.
35.
(1) The decision of the Registrar, at a hearing in accordance with regulation 33
or 34, or without a hearing if the applicant has duly communicated his
considered objections or considered reply, in writing, and has stated that he
does not desire to he heard, shall be communicated to the applicant in writing,
and if the applicant objects to such decision he may within two months by
applying upon form TM. No. 4 require the Registrar to state in writing the
grounds of, and the materials used by him in arriving at, his decision.
(2)
36.
Acceptance
absolute
conditional;
objection.
Registrar’s
objections.
Hearing
Registrar’s
conditions, etc.
Hearing
Decision
Registrar.
In a case where the Registrar makes any requirements to which the
applicant does not object, the applicant shall comply therewith before
the Registrar issues such statement in writing. The date when such
statement is sent to the applicant shall be deemed to be the date of the
Registrar’s decision for the purpose of appeal.
The Registrar may call on an applicant to insert in his application such
disclaimer as the Registrar may think fit, in order that the public generally may
understand what the applicant’s rights, if his mark is registered, will be.
or
Disclaimer.
of