LAWS OF MALAWI Trade marks Cap. 49:01 PRELIMINARY SECTION 1. Short title 2. Interpretation PART I ADMINISTRATION 3. 4. 5. 6. Establishment of Patent Office Appointment of officers Register of Patents Seal PART II EFFECT OF REGISTRATION AND THE ACTION FOR INFRINGEMENT 7. 8. 9. 10. 11. 12. 13. No action for infringement of unregistered trade mark Registration to be in respect of particular goods Right given by registration in Part A and infringement thereof Right given by registration in Part B and infringement thereof Infringement by breach of certain restrictions Saving for vested rights Saving for use of name, address or description of goods PART III REGISTRABILITY AND VALIDITY OF REGISTRATION 14. 15. 16. 17. 18. 19. 20. 21. Distinctiveness requisite for registration in Par A Capability of distinguishing requisite for registration in Part B. Prohibition of registration of deceptive, etc., matter Prohibition of registration of identical and resembling trade marks Registration in Part A to be conclusive as to validity after seven years Registration subject to disclaimer Word used as name or description of an article or substance Effect of limitation as to colour and of absence thereof PART IV PROCEDURE FOR, AND DURATION OF, REGISTRATION 22. 23. 24. 25. 26. Application for registration Opposition to registration and appeals Registration Duration and renewal of registration Registration of parts of trade marks and of trade marks as a series