46
Effect of an
international
registration
Invalidation of
international
registration
Recordings in
the
International
Register
Collective and
certification
marks
Replacement
Trademarks
No. 2
14.__(1) An international registration designating Malawi shall
have the same effect, as from the date of the international
registration, as if an application for the registration of the mark had
been filed directly with the Registrar under this Act.
(2) If __
(a) no refusal is notified by the Registrar to the International
Bureau in accordance with the Madrid Protocol and the Common
Regulations;
(d) a refusal has been so notified but has been subsequently
withdrawn; or
(c) a statement of grant of protection is sent by the Registrar,
the protection of the mark in Malawi shall be the same as if the
mark had been registered directly by the Registrar on the date of
the international registration.
15. Where the effect of an international registration is
invalidated in Malawi and the invalidation is no longer subject to
appeal, the Registrar shall notify the International Bureau in
accordance with the relevant provisions of the Madrid Protocol and
the Common Regulations:
Provided that the Registrar is aware of that decision.
16. Any recording made in the International Register in respect
of an international registration, shall, to the extent that it applies to
Malawi as a designated Contracting Party, have the same effect as if
it had been recorded by the Registrar in the Register.
17. Where an international registration designating Malawi is a
collective mark or a certification mark, the rules governing the use
of such collective mark or certification mark shall be submitted
directly, by the holder of that international registration, to the
Registrar, within the prescribed time limit.
18.__(1) Where__
(a) a mark registered in Malawi is also the subject of an
international registration, and the protection resulting therefrom
extends to Malawi;
(b) the same person is recorded as holder of the registration in
Malawi and of the international registration;
(c) all the goods and services listed in the registration in
Malawi are also listed in the international registration of a
trademark in respect of Malawi, and
(d) the extension of that international registration to Malawi
took effect after the date of registration of the mark in Malawi,
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