be treated as not desiring to be heard and the Registrar may act accordingly. LAWS OF MALAWI Trade marks Trade Marks Regulations 55. Cap. 49:01 (Subsidiary) Extension of time. Where in opposition proceedings any extension of time is granted to any party, the Registrar may thereafter, if he thinks fit, without giving the said party a hearing, grant any reasonable extension of time to any other party in which to take any subsequent step. Security for costs. 56. Where a party giving notice of opposition or an applicant sending a counterstatement after receipt of a copy of such a notice neither resides not carries on business in Malawi, the Registrar may require him to give security, in such form as the Registrar may deem sufficient, for the costs of the proceedings before the Registrar, for such amount as to the Registrar may seem fit, and at any stage in the opposition proceedings may require further security to be given at any time before giving his decision in the case. 57. In the event of an opposition being uncontested by the applicant, the Registrar in deciding whether costs should be awarded to the opponent shall consider whether proceedings might have been avoided if reasonable notice had been given by the opponent to the applicant before the notice of opposition was lodged. 58. Within two months from the date of any advertisement in the Gazette of an application for the registration of a certification trade mark, any person may give notice to the Registrar on form TM. No. 37 of opposition under paragraph 2 of the First Schedule to the Act, and regulations 47 to 57 inclusive shall apply mutatis mutandis to the proceedings thereon, with substitution of form TM. No. 38 for form TM. No. 7, and of form TM. No. 39 for form TM. No. 8. In any case of doubt any party may apply to the Registrar for directions. 59. Where registration of a trade mark is not completed within twelve months from the date of application by reason of default on the part of the applicant, the Registrar shall on form TM. No. 9 give notice in writing to the applicant at his trade or business address of the non-completion, but if the applicant has authorized an agent for the purpose of the application he shall instead send the notice to the agent and shall send a duplicate thereof to the applicant. If after fourteen days from the date when the notice was sent, or such further time as the Registrar may allow, the registration is not completed, the application shall be deemed to be abandoned. 60. (1) As soon as may be after the expiration of two months from the date of the advertisement in the Gazette of any application for the registration of trade mark, the Registrar shall, subject to any opposition and the determination thereof, and subject to section 24(1) of the Act, and upon payment of the prescribed fee on form TM. No. 10, enter the trade mark in the register. In those cases where the applicant has supplied a printing block in accordance with regulation 43, he shall send with his fee a representation then appearing on the form of application, to be affixed by the Registrar to the certificate of registration as required by regulation 63. the entry of a trade mark in the register shall give the date of the registration, the goods in respect of which it is registered, and all particulars named in section 6(1) of the Act, including both the trade or business address and the address for service (if any), particulars of Costs in uncontested case. Opposition application. to Non-completion within twelve months. Entry in register.

Select target paragraph3

Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents