instrument shall be produced for inspection by the Registrar, preferably at the
LAWS OF MALAWI
Trade marks
Trade Marks Regulations
Cap. 49:01
(Subsidiary)
time of application. The full names of all the partners in a partnership shall be
given in the body of the application. The Registrar may in any case require
and retain an attested copy of any instrument produced for inspection in proof
of title, but such copy shall not be open to public inspection.
74.
Where in the case of an application on form TM. No. 16 or No. 17 the person
applying for registration of his title does not claim under any document or
instrument which is capable in itself of furnishing proof of his title, he shall,
unless the Registrar otherwise directs, either upon or with the application, state
a case setting forth the full particulars of the facts upon which his claim to be
proprietor of the trade mark is based, and showing that the trade mark has been
assigned or transmitted to him. If the Registrar so requires, the case shall be
verified by affidavit or solemn declaration on form TM. No. 18.
75.
The Registrar may call on any person who applies to be registered as proprietor
of a registered trade mark for such proof or additional proof of title as he may
require for his satisfaction.
76.
(1) An application under regulation 71 or 72 relating to an assignment on or
after the commencement of the Act of a trade mark in respect of any goods
shall state:-
Case
accompanying
application.
Proof of title.
(a)
whether the trade mark was, at the time of the assignment
used in a business in any of those goods; and
(b)
whether the assignment was made otherwise than in
connection with the goodwill of that business.
And, if both those circumstances subsisted, then the applicant shall
leave with the Registrar a copy of the Registrar’s directions to
advertise the assignment, obtained upon application under section
27(7) of the Act and regulation 80, and such proof, including copies
of advertisements or otherwise, as the Registrar may require that his
directions have been fulfilled; and if the Registrar is not satisfied that
the directions have been fulfilled he shall not proceed with the
application.
(2)
For the purposes of section 34(3) of the Act, the period within which a
corporation may be registered as the subsequent proprietor of a
registered trade mark, upon application made under regulation 71 or
72, shall be six months from the date of advertisement in the Gazette
of the registration of the trade mark or such further period not
exceeding six months as the Registrar may allow, on application being
made to him on form TM. No. 15 by the applicant for registration of
title or the registered proprietor, as the case may be, at any time before
or during the period for which the extension can be allowed.
Application
for
entry
of
assignment without
goodwill.