LAWS OF MALAWI Trade marks (3) Cap. 49:01 No word which is the commonly used and accepted name of any single chemical element or single chemical compound, as distinguished from a mixture, shall be registered as a trade mark in respect of a chemical substance or preparation, and any such registration in force at the commencement of this Act or thereafter shall, notwithstanding anything in section 18, be deemed, for the purposes of section 37, to be an entry made in the register without sufficient cause, or an entry wrongly remaining on the register, as the circumstances may require: Provided that the foregoing provisions of this subsection shall not have effect in relation to a word which is used to denote only a brand or make of the element or compound as made by the proprietor or a registered user of the trade mark, as distinguished from the element or compound as made by others, and in association with a suitable name or description open to public use. 21. A trade mark may be limited in whole or in part to one or more specified colours, and in any such case the fact that it is limited shall be taken into consideration by the Registrar, or by the Tribunal in the event of n appeal from a decision of the Registrar, in deciding on the distinctive character of the trade mark. Effect of limitation as to colour and of absence thereof. If and so far as a trade mark is registered without limitation of colour, it shall be deemed to be registered for all colours. PART IV PROCEDURE FOR, AND DURATION OF, REGISTRATION 22. (1) Any person claiming to be the proprietor of a trade mark used or proposed to be used by him who is desirous of registering it must apply in writing to the Registrar in the prescribed manner for registration either in Part A or in Part B of the register. (2) Subject to this Act, the Registrar may refuse the application or may accept it absolutely or subject to such amendments, modifications, conditions or limitations, if any, as he may think right. (3) In the case of an application for registration of a trade mark (other than a certification trade mark) in Part A of the register, the Registrar may, if the applicant is willing, instead of refusing the application, treat it as an application for registration in Part B and deal with the application accordingly. (4) In the case of a refusal or conditional acceptance, the Registrar shall, if required by the applicant, state in writing the grounds of his decision and the materials used by him in arriving thereat, and the decision of the Registrar shall be subject to appeal. Application registration. for