No. 2
7
Trademarks
(e) a declaration of use or intention to use the mark as a
trademark.
(4) Subject to this Act, the Registrar may__
(a) accept the application without limitations;
(b) accept the application subject to any amendments,
modifications, conditions or limitations as he considers
appropriate; or
(c) refuse to grant the application.
(5) The Registrar shall make a decision in subsection (4) within
thirty days of receiving the application.
8.__(1) A mark shall not be registered as a trademark if it__
(a) is incapable of distinguishing goods or services of one
enterprise or business from those of another enterprise or
business;
(b) is identical with, or similar to, another registered trademark
or other well known mark whose application for registration as a
trademark was filed prior to the filing date of the application for
the goods concerned which are similar or identical to the goods
covered by the prior application;
(c) consists solely of a mark indicating the common name of
the goods or services for which the application is made;
(d) is contrary to public order or morality;
(e) is likely to mislead the public in particular trade circles, as
regards the geographical origin of the goods or services
concerned, or their nature or characteristics;
(f) is identical to, an imitation of, or contains, as an element,
armorial bearing, flag or other emblem, a name, abbreviation or
initials of, or official sign or hallmark adopted by any state,
inter-governmental organization or organization created by an
international convention, unless the competent authority of that
State or organization has given authorization for such bearing,
flag, emblem, name, abbreviation or initials, official sign or
hallmark to be used by an applicant for a registration of a mark as
trademarks;
(g) is identical to, similar to, or constitutes a translation of, a
trademark or trade name which is well known in Malawi for
identical or similar goods or services of another enterprise, or if
it is well known, and registered in Malawi for goods or services
which are not identical or similar to those in respect of which
registration is applied for__
Grounds for
refusal of
registration