LAWS OF MALAWI Trade marks 36. Cap. 49:01 The application in Malawi of a trade mark to goods to be exported from Malawi and any other act done in Malawi in relation to goods to be so exported which, if done in relation to goods to be sold or otherwise traded in in Malawi, would constitute use of a trade mark therein shall be deemed to constitute use of the trade mark in relation to those goods for any purpose for which such use is material under this act or under any other law Use of trade mark for export trade. PART VII RECTIFICATION AND CORRECTION OF THE REGISTER 37. (1) Any person aggrieved by the non-insertion in or omission from the register of any entry, or by any entry made in the register without sufficient cause, or by any entry wrongly remaining on the register, or by any error or defect in any entry in the register, may apply in the prescribed manner to the Tribunal or, at the option of the applicant and subject to section 64, to the Registrar, and the Tribunal or the Registrar may make such order for making, expunging or varying the entry as the Tribunal or the Registrar may think fit. (2) The Tribunal or the Registrar may in any proceeding under this section decide any question that it may be necessary or expedient to decide in connection with the rectification of the register. (3) In case of fraud in the registration, assignment of transmission of a registered trade mark, the Registrar may himself apply to the Tribunal under this section. (4) Any order of the Tribunal rectifying the register shall direct that notice of the rectification shall be served in the prescribed manner on the Registrar, and the Registrar shall on receipt of the notice rectify the register accordingly. (5) The power to rectify the register conferred by this section shall include power to remove a registration in Part A of the register to Part B. 38. On application by any person aggrieved to the Tribunal or, at the option of the applicant and subject to section 64, to the Registrar or on application by the Registrar to the Tribunal, the Tribunal or the Registrar may make such order as the Tribunal or the Registrar may think fit for expunging or varying the registration of a trade mark on the ground of any contravention of or failure to observe a condition entered on the register in relation thereto. 39. (1) The Registrar may, in request made in the prescribed manner by the registered proprietor:(a) correct any error in the name, address or description of the registered proprietor of a trade mark; (b) enter any change in the name, address or description of the General power to rectify entries in register. Power to expunge or vary registration for breach of condition. Correction register. of

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