LAWS OF MALAWI Trade marks Trade Marks Regulations 77. 78. Cap. 49:01 (Subsidiary) Entry in register. When the Registrar is satisfied as to the title of the person claiming to be registered he shall cause him to be registered as proprietor of the trade mark in respect of the relevant goods, and shall enter in the register his name, trade or business address and description and particulars of the assignment or transmission. Where pursuant to an application under regulation 71 or 72, and as the result of a division and separation of the goods of a registration or a division and separation of places or markets, different persons become registered separately under the same official number as subsequent proprietors of a trade mark, each of the resulting separate registrations in the names of those different persons shall be deemed to be a separate registration for all the purposes of the Act. 79. Any person who desires to obtain the Registrar’s certificate under section 27(5) of the Act, or his notification of approval under section 27(6) of the Act, shall send to the Registrar, with his application on form TM. No. 40 or No. 41, as the case may be, a statement of case in duplicate setting out the circumstances, and a copy of any instrument or proposed instrument effecting the assignment or transmission. The Registrar may call for any evidence or further information that he may consider necessary, and the statement of case shall be amended if required to include all the relevant circumstances and shall if required be verified by affidavit or solemn declaration. The Registrar, after hearing if so required the applicant and any other person whom the Registrar may consider to be interested in the transfer, shall consider the matter and issue a certificate thereon or a notification in writing of approval or disapproval thereof, as the case may be. Where a statement of case is amended, two fair copies thereof in its final form shall be left with the Registrar. The Registrar shall seal a copy of the statement of case in its final form to the certificate or notification. 80. (1) An application to the Registrar under section 27(7) of the Act shall be made by the assignee on form TM. No. 42 and shall state the date on which the assignment was made. The application shall give particulars of the registration in the case of a registered trade mark, and, in the case of an unregistered trade mark, shall show the mark and give particulars of the registered trade mark that has been assigned therewith in accordance with section 27(3) of the Act. The Registrar may call for any evidence or further information, and if he is satisfied with regard to the various matters he shall issue directions in writing with respect to the advertisement of the assignment. (2) The Registrar may refuse to consider such an application in a case to which section 27(6) of the Act applies unless his approval has been obtained under the said subsection and a reference identifying the Registrar’s notification of approval is included in the application. (3) A request to the Registrar for an extension of the period within which the application may be made, which shall be on form TM. No. 43, may be made at any time before or during the period for which extension can be allowed. The extension of the period which the Separate registrations. Registrar’s certificate or approval as to certain assignments and transmissions. Registrar’s directions for advertisement of assignment without goodwill of trade mark in use.

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