LAWS OF MALAWI
Trade marks
(3)
Cap. 49:01
The application for the registration of a trade mark under this section
must be made in the same manner as is required in the case of any
ordinary application under this Act.
74.
The use of a registered trade mark in relation to goods between which and the
person it nay form of connection in the course of trade subsists not be deemed
to be likely to cause deception or confusion on the ground only that the trade
mark has been or is used in relation to goods between which and that person or
a predecessor in title of his a different form of connection in the course of trade
subsisted or subsists.
75.
Where the relations between two or more persons interested in a trade mark are
such that no one of them is entitled as between himself and the other or others
of them to use it except:(a)
on behalf of both or all of them; or
(b)
in relation to an article with which both or all of them are
connected in the course of trade;
Change of form of
trade connection
not to be deemed
to cause deception.
Jointly
owned
trade marks.
those persons may be registered as joint proprietors of the trade mark,
and this Act shall have effect in relation to any rights to the use of the
trade mark vested in those persons as if those rights had been vested
in a single person.
Subject as aforesaid, nothing in this Act shall authorize the registration of two
or more persons who use a trade mark independently, or propose so to use it, as
joint proprietors thereof.
76.
(1) Any application, notice or document authorized or required under this Act
to be lodged, made or given at the Trade Marks Office or to the Registrar or to
any other person may be delivered by hand or sent by registered post.
(2)
Lodging
and
authentication of
documents.
No authentication shall be required in respect of any document lodged
in the Trade Marks Office under this Act or used in proceedings
before the Tribunal.
77.
All moneys necessary for the purpose of this Act shall be paid out of moneys
provided for the purpose by Parliament.
78.
(1) Where under this Act:(a)
a fee is payable in respect of the performance of any act by
the Registrar, the Registrar shall not perform that act until the
fee has been paid.
(b)
A fee is payable in respect of the doing of any act by any
person other than the Registrar, the act shall be deemed not
Express
of
administration.
Provisions
fees.
as
to
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