No. 2 5 Trademarks “Commissioner General” means the Commissioner General of the Malawi Revenue Authority appointed pursuant to section 3 of the Malawi Revenue Authority Act; “geographical indication” means an indication which identifies goods or products as originating in the territory of a country, region or locality in that territory, where a given quality, reputation or other characteristic of a product is essentially attributable to its geographical origin and in a case where such goods are manufactured goods, one of the activities of either the production or of processing or preparation of the goods concerned takes place in such territory, region or locality, as the case may be; “international instrument” means any convention, treaty, protocol or agreement between states; “limitation” means any limitation of the exclusive right to the use of a trademark given by a person at the time of registration as owner thereof, including limitations of that right as to mode of use, and use in relation to goods to be sold or services to be performed; “mark” includes a device, brand, heading, label, ticket, name, signature, word, letter, numeral or any combination thereof; “Register” means the register of trademarks kept pursuant to section 6; “register of trademarks agents” means the register of trademark agents kept pursuant to section 75; “trademark” means__ (a) any sign or mark which is capable of being represented graphically; or (b) in relation to non-visual signs or marks, any sign or mark that is sufficiently described in a clear, precise, intelligible and objective manner, and it is capable of distinguishing the goods or services of one undertaking from those of other undertakings. and (c) serve marks “Trademarks Office” means the Trademarks Office established under section 3; and “transmission” means transmission by operation of law, devolution on the legal representative of a deceased person and any other mode of transfer not being an assignment. Cap 41:02

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