LAWS OF MALAWI
Trade marks
Trade Marks Regulations
77.
78.
Cap. 49:01
(Subsidiary)
Entry in register.
When the Registrar is satisfied as to the title of the person claiming to be
registered he shall cause him to be registered as proprietor of the trade mark in
respect of the relevant goods, and shall enter in the register his name, trade or
business address and description and particulars of the assignment or
transmission.
Where pursuant to an application under regulation 71 or 72, and as the result of
a division and separation of the goods of a registration or a division and
separation of places or markets, different persons become registered separately
under the same official number as subsequent proprietors of a trade mark, each
of the resulting separate registrations in the names of those different persons
shall be deemed to be a separate registration for all the purposes of the Act.
79.
Any person who desires to obtain the Registrar’s certificate under section 27(5)
of the Act, or his notification of approval under section 27(6) of the Act, shall
send to the Registrar, with his application on form TM. No. 40 or No. 41, as
the case may be, a statement of case in duplicate setting out the circumstances,
and a copy of any instrument or proposed instrument effecting the assignment
or transmission. The Registrar may call for any evidence or further
information that he may consider necessary, and the statement of case shall be
amended if required to include all the relevant circumstances and shall if
required be verified by affidavit or solemn declaration. The Registrar, after
hearing if so required the applicant and any other person whom the Registrar
may consider to be interested in the transfer, shall consider the matter and issue
a certificate thereon or a notification in writing of approval or disapproval
thereof, as the case may be. Where a statement of case is amended, two fair
copies thereof in its final form shall be left with the Registrar. The Registrar
shall seal a copy of the statement of case in its final form to the certificate or
notification.
80.
(1) An application to the Registrar under section 27(7) of the Act shall be made
by the assignee on form TM. No. 42 and shall state the date on which the
assignment was made. The application shall give particulars of the registration
in the case of a registered trade mark, and, in the case of an unregistered trade
mark, shall show the mark and give particulars of the registered trade mark that
has been assigned therewith in accordance with section 27(3) of the Act. The
Registrar may call for any evidence or further information, and if he is satisfied
with regard to the various matters he shall issue directions in writing with
respect to the advertisement of the assignment.
(2)
The Registrar may refuse to consider such an application in a case to
which section 27(6) of the Act applies unless his approval has been
obtained under the said subsection and a reference identifying the
Registrar’s notification of approval is included in the application.
(3)
A request to the Registrar for an extension of the period within which
the application may be made, which shall be on form TM. No. 43,
may be made at any time before or during the period for which
extension can be allowed. The extension of the period which the
Separate
registrations.
Registrar’s
certificate
or
approval as to
certain
assignments
and
transmissions.
Registrar’s
directions
for
advertisement of
assignment without
goodwill of trade
mark in use.