be treated as not desiring to be heard and the Registrar may act accordingly.
LAWS OF MALAWI
Trade marks
Trade Marks Regulations
55.
Cap. 49:01
(Subsidiary)
Extension of time.
Where in opposition proceedings any extension of time is granted to any party,
the Registrar may thereafter, if he thinks fit, without giving the said party a
hearing, grant any reasonable extension of time to any other party in which to
take any subsequent step.
Security for costs.
56.
Where a party giving notice of opposition or an applicant sending a counterstatement after receipt of a copy of such a notice neither resides not carries on
business in Malawi, the Registrar may require him to give security, in such
form as the Registrar may deem sufficient, for the costs of the proceedings
before the Registrar, for such amount as to the Registrar may seem fit, and at
any stage in the opposition proceedings may require further security to be
given at any time before giving his decision in the case.
57.
In the event of an opposition being uncontested by the applicant, the Registrar
in deciding whether costs should be awarded to the opponent shall consider
whether proceedings might have been avoided if reasonable notice had been
given by the opponent to the applicant before the notice of opposition was
lodged.
58.
Within two months from the date of any advertisement in the Gazette of an
application for the registration of a certification trade mark, any person may
give notice to the Registrar on form TM. No. 37 of opposition under paragraph
2 of the First Schedule to the Act, and regulations 47 to 57 inclusive shall
apply mutatis mutandis to the proceedings thereon, with substitution of form
TM. No. 38 for form TM. No. 7, and of form TM. No. 39 for form TM. No. 8.
In any case of doubt any party may apply to the Registrar for directions.
59.
Where registration of a trade mark is not completed within twelve months from
the date of application by reason of default on the part of the applicant, the
Registrar shall on form TM. No. 9 give notice in writing to the applicant at his
trade or business address of the non-completion, but if the applicant has
authorized an agent for the purpose of the application he shall instead send the
notice to the agent and shall send a duplicate thereof to the applicant. If after
fourteen days from the date when the notice was sent, or such further time as
the Registrar may allow, the registration is not completed, the application shall
be deemed to be abandoned.
60.
(1) As soon as may be after the expiration of two months from the date of the
advertisement in the Gazette of any application for the registration of trade
mark, the Registrar shall, subject to any opposition and the determination
thereof, and subject to section 24(1) of the Act, and upon payment of the
prescribed fee on form TM. No. 10, enter the trade mark in the register. In
those cases where the applicant has supplied a printing block in accordance
with regulation 43, he shall send with his fee a representation then appearing
on the form of application, to be affixed by the Registrar to the certificate of
registration as required by regulation 63. the entry of a trade mark in the
register shall give the date of the registration, the goods in respect of which it is
registered, and all particulars named in section 6(1) of the Act, including both
the trade or business address and the address for service (if any), particulars of
Costs
in
uncontested case.
Opposition
application.
to
Non-completion
within
twelve
months.
Entry in register.