10
Trademarks
No. 2
origin, time of production of goods or, of rendering of services, or
other characteristics of goods or services;
(c) the use of the trademark where it is necessary to indicate the
intended purpose of a product or service, including spare parts or
accessories; or
(d) the importation into, or the distribution, sale in Malawi, of
goods to which the trademark has been applied by or with the
consent of the owner thereof:
Exhaustion of
rights
Use of
unregistered
mark
Provided that the use is in accordance with honest practices in
industrial or commercial matters.
14. The rights conferred by registration of a trademark may not
be invoked to prevent a third party from using, in the course of
trade, goods lawfully bearing the trademark after the goods have
been put on the market in Malawi or abroad by the owner or by a
person acting with the owner’s consent or having an economic tie to
the owner:
Provided that the goods and the packaging or wrapping in direct
contact with the goods are not deteriorated or altered.
15.__(1) An owner or licensee of a registered trademark shall not
interfere or restrain the use by another person of a trademark
identical to, or nearly resembling the registered trademark which
that other person or predecessor in title has continuously used prior
to the registration of the trade mark.
(2) A person shall not be entitled to institute any proceedings to
prevent or to recover damages for the infringement of an
unregistered trademark, but nothing in this Act shall affect the right
of action against any person for passing off goods or services as the
goods or services of another person or the remedies in respect
thereof.
Registration
subject to
disclaimer
(3) Where on an application for the registration of a trademark, it
appears to the Registrar that there is an earlier trademark or right in
the Register but the applicant has shown to the satisfaction of the
Registrar that there has been honest concurrent use of the trademark
for which registration is sought, the Registrar shall not refuse to
accept the application by reason of the earlier trademark or right
unless objection on that ground is raised in opposition proceedings
by the owner of that earlier trademark or right.
16.__(1) If a trademark contains__
(a) a part not separately registered by the owner as a
trademark; or