LAWS OF MALAWI
Trade marks
(2)
84.
Cap. 49:01
Any person who, within six months after the date* of commencement
of the Trade Marks Amendment Act, 1962, satisfies the Registrar that
for a continuous period of two years immediately before such date he
was ordinarily resident in the Federation of Rhodesia and Nyasaland
and was performing the functions mentioned in section 87(1) may
make application to the Registrar in the prescribed manner to be
registered as a trade mark agent, and the Registrar shall arrange such
registration if he is satisfied that there is no good reason why it should
not be arranged and that the applicant is not a person whose name
could be removed from the register of trade mark agents under section
84(1)(b), (c) or (f).
(1) The Registrar may remove from the register of trade mark agents the name
of any trade mark agent upon proof to his satisfaction that such trade mark
agent:(a)
has died;
(b)
has become of unsound mind;
(c)
has been adjudged or otherwise declared bankrupt or
insolvent under any law, or has made an assignment to or
composition with his creditors;
(d)
has ceased to reside in Malawi, or has ceased to maintain a
place of business therein;
(e)
has applied for his name to be so removed;
(f)
has, after being convicted, in Malawi or elsewhere, of the
crime of theft, fraud, forgery or uttering a forged document
or perjury, been sentenced to to serve a term of imprisonment
without the option of a fine, whether such sentence is
suspended or not, and has not received a free pardon;
(g)
having been entitled to practise as a trade mark agent has
ceased to be so entitled, or has ceased to practice as such.
An appeal shall lie from any decision of the Registrar made under this
subsection.
(2)
Subject to this section and such procedure as may be prescribed, the
Tribunal may order the Registrar to remove the name of any trade
mark agent from the register of trade mark agents or may suspend any
trade mark agent fro practicing as such for such time as it thinks fit if
it is satisfied, after due inquiry, that such person has been guilty of
conduct discreditable to a trade mark agent or has been guilty of a
breach of any regulations prescribed for the conduct of trade mark
agents.
Removal of names
from register of
trade mark agents.
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