LAWS OF MALAWI
Trade marks
Trade Marks Regulations
Cap. 49:01
(Subsidiary)
the trade, business, profession, occupation or other description of the
proprietor, particulars of any undertakings by the proprietor entered on the
form of application, particulars affecting the scope of the registration or the
rights conferred by the registration and such other particulars as are prescribed.
(2)
In the case of an application as aforesaid which the Registrar accepts
only after the applicant has lodged the written consent to the proposed
registration of the registered proprietor of another trade mark or
another applicant for registration, the aforesaid entry in the register
shall state that it is “By Consent” and shall give the number of the
previous registration or the application for registration.
Associated marks.
61.
(1) Where a mark is registered as associated with any other mark or marks the
Registrar shall note in the register in connection with the first-mentioned mark
the numbers of the marks with which it is associated and shall also note in the
register in connection with each of the associated marks the number of the
first-mentioned mark as being a mark associated therewith.
(2)
62.
An application by a registered proprietor under section 28(5) of the
Act to the Registrar to dissolve the association between two or more
associated trade marks shall be made on form TM. No. 20, and shall
include a statement of the grounds of the application.
In case of the death of any applicant for the registration of a trade mark after
the date of his application, and before the trade mark applied for has been
entered in the register, the Registrar, after the expiration of the prescribed
period of advertisement and the determination of any opposition to the
application, may, on being satisfied of the applicant’s death, enter in the
register in place of the name of such deceased applicant, the name, address and
description of the person owning the trade mark, on such ownership being
proved to the satisfaction of the Registrar.
63.
Upon the registration of a trade mark the Registrar shall issue to the applicant a
certificate in form TM. No. 11, and shall affix thereto a copy of the mark,
which may be a representation thereof supplied by the applicant under
regulation 60.
64.
At any time not more than six months before the expiration of the last
registration of a trade mark any person may leave at the Office a fee for the
renewal of the registration of the mark with form TM. No. 12, and, if he is not
the registered proprietor, shall sign a statement on the form that he is directed
by the registered proprietor to pay the fee (if such be the case) and shall give
his address. Before taking any further step the Registrar may either:(a)
Require the person leaving the fee to furnish within fourteen
days an authority to pay the fee signed by the registered
proprietor, and if he does not furnish such authority may
Death of applicant
before registration.
Certificate
registration.
of
Renewal
registration.
of