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

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