LAWS OF MALAWI Trade marks 34. Cap. 49:01 (a) May be varied by the Registrar as regards the goods in respect of which or any conditions or restrictions subject to which it has effect, on the application in writing in the prescribed manner of the registered proprietor of the trade mark to which the registration relates; (b) May be cancelled by the Registrar on the application in writing in the prescribed manner of the registered proprietor or of the registered user or of any other registered user of the trade mark; or (c) May be cancelled by the Registrar on the application in writing in the prescribed manner of any person on any of the following grounds, that is to say:(i) That the registered user has used the trade mark otherwise than by way of the permitted use or in such a way as to cause or to be likely to cause deception or confusion; (ii) That the proprietor or the registered user misrepresented or failed to disclose some fact material to the application for the registration or that the circumstances have materially changed since the date of the registration. (9) Provision shall be made by regulations for the notification of the registration of a person as a registered user to any other registered user of the trade mark, and for the notification of n application under subsection (8) to the registered proprietor and each registered user (not being the applicant) of the trade mark, and for giving to the applicant on such an application, and to all persons to whom such an application is notified and who intervene in the proceedings in accordance with the regulations an opportunity of being heard. (10) The Registrar may at any time cancel the registration of a person as a registered user of a trade mark in respect of any goods in respect of which the trade mark is no longer registered. (11) An appeal shall lie from any decision of the Registrar under this section. (12) Nothing in this section shall confer on a registered user of a trade mark any assignable or transmissible rights to the use thereof. (1) No application for the registration of a trade mark in respect of any goods be refused, nor shall permission for such registration be withheld, on the ground only that it appears that the applicant does not use or propose to use the trade mark:- Proposed use of trade mark by corporation to be constituted, etc.

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