any party may apply to the Registrar for directions.
LAWS OF MALAWI
Trade marks
Trade Marks Regulations
Cap. 49:01
(Subsidiary)
84.
Any person other than the registered proprietor alleging interest in a registered
trade mark in respect of which an application is made on form TM. No. 27 may
apply to the Registrar on form TM. No. 28 for leave to intervene, stating
thereon the nature of his interest, and the Registrar may refuse or grant such
leave, after hearing (if so required) the parties concerned, upon such conditions
and terms as he may deem fit. Before dealing in any way with the application
for leave to intervene the Registrar may require the applicant to give an
undertaking to pay such costs as in the circumstances he may award to any
party.
85.
An application to the Registrar under section 39(1) of the Act for the alteration
of the register by correction, change, cancellation or striking out goods, or for
the entry of a disclaimer or memorandum, may be made by the registered
proprietor of the trade mark or by such person as may satisfy the Registrar that
he is entitled to act in the name of the registered proprietor. Such applications
shall be made on form TM. No. 19, No. 21, No. 22, No. 23, No. 24 or No. 25,
as may be appropriate.
86.
In the case of an application as in regulation 85, the Registrar may require such
evidence by affidavit, solemn declaration or otherwise as he may think fit as to
the circumstances in which the application is made.
87.
Where application is made on form TM. No. 25 to enter a disclaimer or
memorandum relating to a trade mark, the Registrar, before deciding upon such
application, shall direct the applicant to advertise the application in the Gazette
in order to enable any person desiring so to do to state, within two months of
the advertisement, any reasons in writing against the making of the entry of the
disclaimer or memorandum.
88.
Where the High Court or the Tribunal has certified as provided in section 58 of
the Act with regard to the validity of a registered trade mark, the registered
proprietor thereof may request the Registrar on form TM. No. 49 to add to the
entry in the register a note that the certificate of validity has been granted in the
course of the proceedings, which shall be named in the form. A certified copy
of the certificate shall be sent with the request, and the Registrar shall so note
the register and direct the proprietor to publish the note in the Gazette.
89.
Where a person desires to apply under section 40 of the Act that his registered
trade mark may be added to or altered, he shall make his application on form
TM. No. 26 and shall furnish the Registrar with six copies of the trade mark as
it will appear when so added to or altered.
90.
The Registrar shall consider the application and shall, if it appears to him
expedient, direct the registered proprietor to advertise the application in the
Gazette before deciding it. Within two months from the date of such
advertisement any person may give notice of opposition to the application on
form TM. No. 47 accompanied by a duplicate of the notice, and may also send
Intervention
third parties.
by
Application under
section 39(1).
Evidence.
Advertisement
certain
applications.
of
Certificates
validity
to
noted.
of
be
Alteration
of
registered mark.
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before decision.
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