48
Trademarks
No. 2
(a) a statement that the application is made by way of
transformation;
(b) the international registration number of the international
registration which has been cancelled;
(c) the date of the said international registration, or the date of
recording of the territorial extension made subsequently to the
international registration, as appropriate;
(d) the date on which the cancellation of the international
registration was recorded; and
(e) where applicable, the date of any priority claimed in the
international application and recorded in the International
Register.
(3) An application resulting from transformation shall be subject
to the payment of the prescribed transformation fees and shall not
be subject to the payment of the standard application fee.
(4) Where a trademark that is the subject of an international
registration has become protected in Malawi on or before the date
on which the international registration was cancelled and, all the
requirements relating to an application resulting from
transformation have been met, that mark shall be registered by the
Registrar.
(5) The date of registration shall be the date of the cancelled
international registration, or the date of recording of the territorial
extension to Malawi made subsequently to the international
registration, whichever is appropriate, and that registration shall
enjoy any priority enjoyed by the cancelled international
registration.
(6) Where a mark that is the subject of an international
registration has not yet become protected in Malawi on or before the
date on which the international registration was cancelled, any
procedures or measures already undertaken on or before the date on
which an application resulting from transformation is filed for the
purpose of the international registration, shall be considered as
having been undertaken for the purposes of the application resulting
from transformation.
Regulations on
international
registration
(7) The filing date of the application resulting from
transformation shall be the date of the international registration or
the date of recording of the territorial extension to Malawi made
subsequently to the international registration, as appropriate.
20. The Minister may make regulations on the international
registration of marks under the Protocol.
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