LAWS OF MALAWI Trade marks 26. Cap. 49:01 (1) Where the proprietor of a trade mark claims to be entitled to the exclusive use of any part thereof separately, he may apply to register the whole and any such part as separate trade marks. Registration of parts of trade marks and of trade marks as a series. Each separate trade mark must satisfy all the conditions of an independent trade mark and shall, subject to section 28(3) and section 35(2), have all the incidents of an independent trade mark. (2) Where a person claiming to be the proprietor of several trade marks, in respect of the same goods or description of goods, which, while resembling each other in the material particulars thereof, yet differ in respect of :(a) Statements of the goods in relation to which they are respectively used or proposed to be used; or (b) Statements of number, price, quality or names of places; (c) Other matter of a non-distinctive character which does not substantially affect the identity of the trade mark; or (d) Colour, seeks to register those trade marks, they may be registered as a series in one registration. PART V ASSIGNMENT AND TRANSMISSION 27. (1) Notwithstanding any rule or law to the contrary, a registered trade mark shall be, and shall be deemed always to have been, assignable and transmissible either in connection with the goodwill of a business or not. (2) A registered trade mark shall be, and shall be deemed always to have been, assignable and transmissible in respect either of all the goods in respect of which it is registered, or was registered, as the case may be, or of some (but not all) of those goods. (3) Subsections (1) and (2) shall have effect in the case of an unregistered trade mark used in relation to any goods as they have effect in the case of a registered trade mark registered in respect of any goods, if at the time of the assignment or transmission of the unregistered trade mark it is or was used in the same business as a registered trade mark and if it is or was assigned or transmitted at the same time and to the same person as that registered trade mark and in respect of goods all of which are goods in relation to which the unregistered trade mark is or was used in that business and in respect of which that registered trade mark is or was assign or transmitted. Powers of restrictions assignment transmission. and on, and