LAWS OF MALAWI Trade marks Cap. 49:01 PART II EFFECT OF REGISTRATION AND THE ACTION FOR INFRINGMENT No action for infringement of unregistered trade mark. 7. No person shall be entitled to institute any proceedings to prevent or to recover damages for the infringement of an unregistered trade mark, but nothing in this Act shall be deemed to affect rights of action against any person for passing off goods as the goods of another person or the remedies in respect thereof. 8. A trade mark must be registered un respect of particular goods or classes of goods, and any question arising as to the class within which any goods fall shall be determined by the Registrar whose decision shall be final. Registration to be in respect of particular goods. 9. (1) Subject to this section and sections 12 and 13, the registration of a person in Part A of the register as proprietor of a trade mark in respect of any goods shall, if valid, give or be deemed to have given to that person the exclusive right to the use of the trade mark in relation to those goods and, without prejudice to the generality of the foregoing words, that right shall be deemed to be infringed by any person who, not being the proprietor of the trade mark or a registered user thereof using by way of the permitted use, uses a mark identical with it or so nearly resembling it as to be likely to deceive or cause confusion in the course of trade in relation to any goods in respect of which it is registered and in such manner as to render the use of the mark likely to be taken either:­ Right given by registration in Part A and infringement thereof. (a) as being used as a trade mark; or (b) in a case in which the use is use upon the goods or in physical relation thereto or in an advertising circular or other advertisement issued to the public, as referring:-; (i) to some person having the right either as proprietor or as registered user to use the trade mark; or (ii) to goods with which such a person as aforesaid is connected in the course of trade. (2) The right to the use of a trade mark given by registration as aforesaid shall be subject to any conditions or limitations entered on the register and shall not be deemed to be infringed by the use of any such mark as aforesaid in any mode in relation to goods to be sold or otherwise traded in in any place, in relation to goods to be exported to any market or in. any other circumstances to which, having regard to any such limitations, the registration does not extend. (3) The right to the use of a trade mark given by registration as aforesaid shall not be deemed to be infringed by the use of any such mark as aforesaid by any person:­