use as last aforesaid. LAWS OF MALAWI Trade marks (3) 32. Cap. 49:01 An application shall not be entitled to rely for the purposes of subsection (1)(b), or for the purposes of subsection (2), on any nonuse of a trade mark that is shown to have been due to special circumstances in the trade and not to any intention not to use or to abandon the trade mark in relation to the goods to which the application relates. (1)Where a trade mark registered in Part A of the register has become so well known as respect any goods in respect of which it has been used that the use thereof in relation to other goods would be likely to he taken as indicating a connection in the course of trade mark in relation to the first mentioned goods, then, notwithstanding that the proprietor registered in respect of the firstmentioned goods does not use or propose to use that trade mark in relation to those other goods and notwithstanding anything in section 31, the trade mark may, on the application in writing in the prescribed manner of the proprietor registered in respect of the first-mentioned goods be registered in Part D of the register in his name in respect of those other goods as a defensive trade mark and, while so registered, shall not be liable to be taken off the register in respect of those goods under section 31. (2) The registered proprietor of a trade mark may apply for the registration thereof in respect of any goods as a defensive trade mark, notwithstanding that it is already registered in his name in respect of those goods otherwise than as a defensive trade mark, or may apply for the registration thereof in respect of any goods otherwise than as a defensive trade mark, notwithstanding that it is already registered in his name in respect of those goods as a defensive trade mark, in lieu in each case of the existing registration. (3) A trade mark registered as a defensive trade mark and that trade mark as otherwise registered in the name of the same proprietor shall, notwithstanding that the respective registrations are in respect of different goods, be deemed to be, and shall be registered as, associated trade marks. (4) On application by any person aggrieved to the to the Tribunal or at the option of the applicant and subject to section 64, to the Registrar, the registration of a trade mark as a defensive trade mark may be cancelled on the ground that the requirements of subsection (1) are no longer satisfied in respect of any goods in respect of which the trade mark is registered in the name of the same proprietor otherwise than as a defensive trade mark or may be cancelled as respects any goods in respect of which it is registered as a defensive trade mark on the ground that there is no longer any likelihood that he use of the trade mark in relation to those goods would be taken as giving the indication mentioned in subsection (1). Defensive registration well-known marks. of trade