38 Registrar with no authority to award costs for refusal of use of trade mark Certification mark not assignable Revocation of certification mark Trademarks No. 2 (d) that it is requisite for the public interest that, if the certification mark remains registered, the rules should be varied. 12. Notwithstanding anything in section 73, the Registrar shall not have any jurisdiction to award costs to, or against any party on an appeal to him against a refusal of the owner of a certification mark to certify goods or services or to authorize the use of the trade mark. 13. A certification mark shall not be assignable or transmissible otherwise than with the consent of the Registrar 14. The registration of a certification mark may be revoked on the ground that__ (a) the owner has began to carry on a business involving the supply of goods or services of the kind certified; (b) the manner in which the certification mark has been used by the owner has caused it to become liable to mislead the public by its character or significance, in particular, if it is likely to be taken as something other than a certification mark; (c) the owner has failed to observe or to secure the observance of the rules governing the use of the certification mark; (d) an amendment of the rules has been made so that the rules no longer comply with paragraph 3 or are contrary to public policy or morality; or (e) the owner is no longer competent to certify the goods or services for which the mark is registered. SECOND SCHEDULE 1. 2. 3. 4. 5. s. 58 INTERNATIONAL INSTRUMENTS TO WHICH MALAWI IS A PARTY The Banjul Protocol on Marks Within the Framework of the African Regional Intellectual Property Organization (ARIPO), as revised from time to time. The Paris Convention for the Protection of Industrial Property, as revised from time to time. The Nice Agreement Concerning the International Classification of Goods and Services for the Purposes of the Registration of Marks, as revised from time to time. The Vienna Agreement Establishing the Classification of the Figurative Elements of Marks as revised from time to time. The Protocol Relating to the Madrid Agreement Concerning the International Registration of Marks.