LAWS OF MALAWI
Trade marks
Trade Marks Regulations
Cap. 49:01
(Subsidiary)
37.
An application for the registration of a defensive trade mark under section 32
of the Act shall be made, addressed and sent to the Registrar on form MT. No.
33, and shall be accompanied by a statement of case setting forth the full
particulars of the facts on which the applicant relies in support of his
application, verified by an affidavit or solemn declaration made by the
applicant or some other person approved for the purpose by the Registrar. The
applicant may send with this declaration, or subsequently, such other evidence
as he may desire to furnish, whether after request made by the Registrar or
otherwise, and the Registrar shall consider the whole of the evidence before
deciding on the application. In all other respects and where hey are appropriate
and it is not otherwise stated, these Regulations shall apply to such applications
as they apply to applications for the registration of ordinary trade marks.
38.
An application for the registration of a certification trade mark under section
42 of the Act shall be made to the Registrar on form TM. No. 5 and shall be
accompanied by six additional representations of the trade mark on form TM.
No. 3.
39.
(1) These Regulations shall apply to such applications as they apply to
applications for the registration of ordinary trade marks, except that for
references therein to acceptance of an application there shall be substituted
references to authorization to proceed with the application, and that the
applicant shall not be deemed to have abandoned his application if in the
circumstances of regulation 33 or 34 he does not apply for a hearing or reply in
writing.
(2)
40.
41.
Application under
section 32.
Application under
section 42.
Authorization
proceed.
to
The address of an applicant to register a certification trade mark shall
be deemed to be a trade or business address for all the purposes for
which such an address is required by these regulations.
The applicant shall send to the Registrar with his application or when required
by the Registrar a case setting out the grounds on which he relies in support of
his application together with draft regulations for governing the use of the
mark and form MT. No. 34, all being in duplicate. The Registrar may
communicate to the applicant any observations he may have to make on the
sufficiency of the case or the suitability of the draft regulations and the
applicant may modify either of those documents.
If the Registrar decides to authorize the application to proceed he may at any
time call for such evidence, if any, as he thinks fit, and shall if required her the
applicant before giving directions as provided in paragraph 1(5) of the First
Schedule to the Act. When such directions have been given and the
application has been accepted, the regulations for governing the use of the
mark approved by the Registrar, as well as the form of application, shall be
open to public inspection.
Case;
regulations.
draft
Directions by the
Registrar.