any party may apply to the Registrar for directions. LAWS OF MALAWI Trade marks Trade Marks Regulations Cap. 49:01 (Subsidiary) 84. Any person other than the registered proprietor alleging interest in a registered trade mark in respect of which an application is made on form TM. No. 27 may apply to the Registrar on form TM. No. 28 for leave to intervene, stating thereon the nature of his interest, and the Registrar may refuse or grant such leave, after hearing (if so required) the parties concerned, upon such conditions and terms as he may deem fit. Before dealing in any way with the application for leave to intervene the Registrar may require the applicant to give an undertaking to pay such costs as in the circumstances he may award to any party. 85. An application to the Registrar under section 39(1) of the Act for the alteration of the register by correction, change, cancellation or striking out goods, or for the entry of a disclaimer or memorandum, may be made by the registered proprietor of the trade mark or by such person as may satisfy the Registrar that he is entitled to act in the name of the registered proprietor. Such applications shall be made on form TM. No. 19, No. 21, No. 22, No. 23, No. 24 or No. 25, as may be appropriate. 86. In the case of an application as in regulation 85, the Registrar may require such evidence by affidavit, solemn declaration or otherwise as he may think fit as to the circumstances in which the application is made. 87. Where application is made on form TM. No. 25 to enter a disclaimer or memorandum relating to a trade mark, the Registrar, before deciding upon such application, shall direct the applicant to advertise the application in the Gazette in order to enable any person desiring so to do to state, within two months of the advertisement, any reasons in writing against the making of the entry of the disclaimer or memorandum. 88. Where the High Court or the Tribunal has certified as provided in section 58 of the Act with regard to the validity of a registered trade mark, the registered proprietor thereof may request the Registrar on form TM. No. 49 to add to the entry in the register a note that the certificate of validity has been granted in the course of the proceedings, which shall be named in the form. A certified copy of the certificate shall be sent with the request, and the Registrar shall so note the register and direct the proprietor to publish the note in the Gazette. 89. Where a person desires to apply under section 40 of the Act that his registered trade mark may be added to or altered, he shall make his application on form TM. No. 26 and shall furnish the Registrar with six copies of the trade mark as it will appear when so added to or altered. 90. The Registrar shall consider the application and shall, if it appears to him expedient, direct the registered proprietor to advertise the application in the Gazette before deciding it. Within two months from the date of such advertisement any person may give notice of opposition to the application on form TM. No. 47 accompanied by a duplicate of the notice, and may also send Intervention third parties. by Application under section 39(1). Evidence. Advertisement certain applications. of Certificates validity to noted. of be Alteration of registered mark. Advertisement before decision.

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