LAWS OF MALAWI Trade marks Cap. 49:01 16. It shall not be lawful to register as a trade mark or part of a trade mark any matter the use of which would, by reason of its being likely to deceive or cause confusion or otherwise, be disentitled to protection in a court of justice or would be contrary to law or morality, or any scandalous design. Prohibition registration deceptive matter. of of etc., 17. (1) Subject to subsection (2), no trade mark shall be registered in respect of any goods or description of goods that is identical with a trade mark belonging to a different proprietor and already on the register in respect of the same goods or description of goods or that so nearly resembles such a trade mark as to be likely to deceive or cause confusion. Prohibition registration identical resembling marks. of of and trade 18. (2) In the case of honest current use or other special circumstances which, in the opinion of the Registrar, or the Tribunal in the event of an appeal from a decision of the Registrar, make it proper so to do, the Registrar or the Tribunal, as the case may be, may permit the registration of trade marks that the identical or nearly resemble each other in respect of the same goods or description of goods more than one proprietor subject to such conditions and limitations, if any, as the Registrar or the Tribunal may think it right to impose. (3) Where separate applications are made by different persons to be registered as proprietors respectively of trade marks that are identical or nearly resemble each other in respect of the same goods or description of goods, the Registrar may refuse to register any of them until their rights have been determined by the Tribunal or have been settled by agreement in a manner approved by him or on an appeal by the Tribunal. (1) In all legal proceedings relating to a trade mark registered in Part A of the register (including applications under section 37) the original registration in Part A of the register of the trade mark shall, after the expiration of seven years from the date of that registration, be taken to be valid in all respects, unless:(a) (b) (2) 19. Registration in Part A to be conclusive as to validity after seven years. that registration was obtained by fraud; or the trade mark offends against section 16. Nothing in section 10(1) shall be construed as making applicable to a trade mark, as being a trade mark registered in Part B of the register, the foregoing provisions of this section relating to a trade mark registered in Part A of the register. If a trade mark:- Registration subject disclaimer. to