10 Trademarks No. 2 origin, time of production of goods or, of rendering of services, or other characteristics of goods or services; (c) the use of the trademark where it is necessary to indicate the intended purpose of a product or service, including spare parts or accessories; or (d) the importation into, or the distribution, sale in Malawi, of goods to which the trademark has been applied by or with the consent of the owner thereof: Exhaustion of rights Use of unregistered mark Provided that the use is in accordance with honest practices in industrial or commercial matters. 14. The rights conferred by registration of a trademark may not be invoked to prevent a third party from using, in the course of trade, goods lawfully bearing the trademark after the goods have been put on the market in Malawi or abroad by the owner or by a person acting with the owner’s consent or having an economic tie to the owner: Provided that the goods and the packaging or wrapping in direct contact with the goods are not deteriorated or altered. 15.__(1) An owner or licensee of a registered trademark shall not interfere or restrain the use by another person of a trademark identical to, or nearly resembling the registered trademark which that other person or predecessor in title has continuously used prior to the registration of the trade mark. (2) A person shall not be entitled to institute any proceedings to prevent or to recover damages for the infringement of an unregistered trademark, but nothing in this Act shall affect the right of action against any person for passing off goods or services as the goods or services of another person or the remedies in respect thereof. Registration subject to disclaimer (3) Where on an application for the registration of a trademark, it appears to the Registrar that there is an earlier trademark or right in the Register but the applicant has shown to the satisfaction of the Registrar that there has been honest concurrent use of the trademark for which registration is sought, the Registrar shall not refuse to accept the application by reason of the earlier trademark or right unless objection on that ground is raised in opposition proceedings by the owner of that earlier trademark or right. 16.__(1) If a trademark contains__ (a) a part not separately registered by the owner as a trademark; or