LAWS OF MALAWI
Trade marks
Trade Marks Regulations
Cap. 49:01
(Subsidiary)
(i)
Southern Rhodesia on or after the 1st January 1951;
(ii)
Zambia (then Northern Rhodesia) or after the 27th
July 1938;
(iii)
Malawi (then Nyasaland) on or after the 1st June
1952;
(b)
registrations of registered users in respect of any of the trade
marks mentioned in paragraph (a);
(c)
any trade marks registrations dated before the date of
commencement of the Act whereof the specifications have
been converted to the Fourth Schedule; and
(d)
trade marks registered on or after the date of commencement
of the Act or registrations of registered users thereunder;
goods are classified in the manner appearing in the Fourth Schedule.
6.
Where the specification of a registered trade mark is founded on the Third
Schedule the registered proprietor may apply to the Registrar on form No. 45
for the conversion of that specification so that it may be founded on the Fourth
Schedule, whether with or without the striking out of goods therefrom, but so
that the registration retains its original date, and shall include in the application
a request for the like conversion of the specification of the goods of any
registered users under that registration, thereupon the Registrar in accordance
with section 41(3) shall notify in writing to the registered proprietor a proposal
showing the form which, in the Registrar’s view, the amendment of the register
should take. Two or more registrations of a trade mark in respect of goods
falling within the same class of the Fourth Schedule, having the same date of
registration, may be amalgamated upon convention in accordance with this
regulation.
7.
The advertisement of a proposal for amendment under section 41(3) of the Act
shall be made in the Gazette and a notice of any opposition shall be given on
form T.M. No. 46 within two months from the date of the advertisement, and
shall be accompanied by a duplicate of the notice and by a statement in
duplicate showing how the proposed conversion would he contrary to section
41(2) of the Act. The Registrar shall forthwith send the duplicate copies of the
registered proprietor who may, within two months from the receipt of such
duplicates, send to the Registrar a counter-statement on form T.M. No. 7
setting out fully the grounds on which the opposition is contested and if he
does so he shall deliver to the opponent a copy thereof. The Registrar may
thereupon require or admit evidence directed to the questions in issue and, if so
desired by either party he shall, before deciding the matter, give the parties an
opportunity of being heard thereon.
Application
registered
proprietors
conversion
specification.
Advertisement
proposal.
Opposition.
by
for
of
of