LAWS OF MALAWI Trade marks Cap. 49:01 (a) Contains any part not separately registered by the proprietor as a trade mark; or (b) Contains matter common to the trade or otherwise of a non­ distinctive character; The Registrar, or the Tribunal in the event of an appeal from a decision of the Registrar, in deciding whether the trade mark shall be entered or shall remain on the register, may require as a condition of its being on the register:(i) That the proprietor shall disclaim any right to the exclusive use of any part of the trade mark or to the exclusive use of all or any portion of such trade mark as aforesaid, to the exclusive use of which the Registrar or the Tribunal holds him not to be entitled; or (ii) That the proprietor shall make such other disclaimer as the Registrar or the Tribunal may consider necessary for the purposes of defining his rights under the registrations: Provided that no disclaimer on the register shall affect any rights of the proprietor of a trade mark except such as arise out of the registration of the trade mark in respect of which the disclaimer is made. 20. (1) The registration of a trade mark shall not be deemed to have become invalid by reason only of any use, after the date of the registration, of a word or words which the trade mark contains, or of which it consists, as the name or description of an article or substance: Provided that, if it is proved either:(a) that there is a well-known and established used of the word or words as the name or description of the article or substance by a person or persons carrying on a trade therein, not being use in relation to goods connected in the course of trade with the proprietor or a registered user of the trade mark on (in the case of a certification trade mark) goods certified by the proprietor; or (b) that the article or substance was formerly manufactured under a patent, that a period of two years or more after the cesser of the patent has elapsed, and that the word or words is or are the only practicable name or description of the article or substance, subsection (2) shall have effect. Words used as name or description of an article or substance.