LAWS OF MALAWI
Trade marks
Trade Marks Regulations
42.
Cap. 49:01
(Subsidiary)
(1) An application for the registration of a trade mark required or permitted to
be advertised by section 23(1) of the Act or paragraph 2 of the First Schedule
to the Act, shall be advertised in form TM. No. 44 in the Gazette. In the case
of an application with which the Registrar proceeds only after the applicant has
lodged the written consent to the proposed registration of the registered
proprietor of another trade mark or another applicant, the words “By Consent”
shall appear in the advertisement.
(2)
Advertisement
application.
of
Wood block
electro-type
printing.
or
Advertisement
series.
of
If no representation of the trade mark be included in the advertisement
of the application, the applicant shall refer in such advertisement to
the place or places where a specimen or representation of the trade
mark is deposited for exhibition.
43.
For the purposes of such advertisement the applicant may, at the appropriate
time, supply or be required to supply a printing block (or more than one, if
necessary) of the trade mark satisfactory to the Registrar, of such dimensions
as may from time to time be approved or directed by the Registrar, or shall
supply such information or other means of advertising the trade mark as may
be required by the Registrar; and the Registrar, if dissatisfied with the printing
block supplied by the applicant or his agent, may require a fresh block before
approving of the advertisement.
44.
When an application relates to a series of trade marks differing from one
another in respect of the particulars mentioned in section 26(2) of the Act, the
applicant may be required to supply a printing block (or more than one, if
necessary) satisfactory to the Registrar of any or of each of the trade marks
constituting the series; or the Registrar may, if he thinks fit, direct that there
shall be inserted with the advertisement of the application a statement of the
manner in which the several trade marks differ from one another.
45.
Advertisements under section 23(10) and 40(2) and 4 of the Act shall mutatis
mutandis be made in the same manner as advertisements relating to an
application for registration.
46.
Any person may within two months from the date of any advertisement in the
Gazette of an application for registration of a trade mark give notice on form
TM. No. 6 to the Registrar of opposition to the registration.
47.
The notice shall include a statement of the ground upon which the opponent
objects to the registration. If registration is opposed on the ground that the
mark resembles marks already on the register, the numbers of such trade marks
and the dates of the Gazettes in which they have been advertised shall be set
out. The note shall be accompanied by a duplicate which the Registrar with
forthwith send to the applicant.
48.
Within two months from the receipt of such duplicate the applicant shall send
to the Registrar a counter-statement on form TM. No. 7 setting out the grounds
on which he relies as supporting his application. The applicant shall also set
out what facts, if any, alleged in the notice of opposition he admits. The
Advertisement
under sections 23
and 40.
Opposition.
Notice
opposition.
of
Counter-statement.