LAWS OF MALAWI Trade marks 15. Cap. 49:01 (2) For the purposes of this section, “distinctive” means adapted, in relation to the goods in respect of which a trade mark is registered or proposed to be registered, to distinguish goods with which the proprietor of the trade mark is or may be connected in the course of trade from goods in the case of which no such connection subsists, either generally or, where subject of mark is registered or proposed to be registered subject to limitations, in relation to use within the extent of the registration. (3) The Registrar, or the Tribunal in the event of an appeal from a decision of the Registrar, in determining whether a trade mark is adapted to distinguish as aforesaid may have regard to the extent to which:(a) The trade mark is inherently adapted to distinguish as aforesaid; and (b) By reason of the use of the trade mark or of any other circumstances the trade mark is, in fact adapted to distinguish as aforesaid. (c) An appeal shall lie from any decision of the Registrar under this section. (1) In order for a trade mark to be registrable in Part B of the register, it must be capable, in relation to the goods in respect of which it is registered or proposed to be registered, of distinguishing goods with which the proprietor of the trade mark is or may be connected in the course of trade from goods in the case of which no such connection subsists, either generally or, where the trade mark is registered or proposed to be registered subject to limitations, in relation to use within the extent of the registration. (2) In determining whether a trade mark is capable of distinguishing as aforesaid, the Registrar, or the Tribunal in the event of an appeal from a decision of the Registrar, may have regard to the extent to which:(a) The trade mark is inherently capable of distinguishing as aforesaid; and (b) By reason of the use of the trade mark or of any other circumstances the trade mark is, in fact, capable of distinguishing as aforesaid. (3) A trade mark may be registered in Part B notwithstanding any registration in Part A in the name of the same proprietor of the same trade mark or any part or parts thereof. (4) An appeal shall lie from any decision of the Registrar under this section. Capability of distinguishing requisite for registration in Part B.