LAWS OF MALAWI Trade marks Trade Marks (Tribunal) Rules 9. 10. Cap. 49:01 (Subsidiary) (1) An appellant may at any time abandon his appeal by giving notice of abandonment in form TMT. No. 3 to the register of the Tribunal, and upon such notice being given the appeal shall be deemed to have been dismissed by the Tribunal. (2) The appellant shall serve a copy of the notice of abandonment on the respondent and on the Registrar of Trade Marks. (3) The respondent may, upon receipt of such notice, apply to the Tribunal for an order in respect of any costs incurred by him. (If it appears to the Tribunal that any notice of appeal against a decision of the Registrar of Trade Marks discloses grounds of appeal which are frivolous or vexatious and that the appeal of appeal can be determined without a hearing, the Tribunal may dismiss the appeal summarily without calling on any person to attend the hearing of such appeal. Abandonment or failure to prosecute appeal. Frivolous or vexatious appeals. PART II APPLICATIONS TO TRIBUNAL 11. (1) An application to the Tribunal under section 31, 32, 37 or 38 of the Act shall be made in firm TMT. No. 4 and shall be filed with the Registrar of Trade Marks. (2) The application shall set out fully the nature of the application’s interest, the facts, upon which he bases his case and the relief he seeks, and shall be accompanied by an affidavit verifying the facts set out therein.. (3) The application shall serve copies of the application and of the relevant affidavit upon the registered proprietor or registered user of the trade mark concerning which the application is made and upon any other person appearing from the register to be interested in the trade mark, and he shall advertise the application in one issue of the Gazette, in such form as may be approved by the Registrar of Trade Marks. (4) At any time within two months from the date of the advertisement the registered proprietor or registered user of the trade mark or any other person who wishes to oppose the application shall deliver to the Registrar of Trade Marks a counter-statement, verified by affidavit is opposed, and shall at the same time serve upon the applicant a copy of the counter-statement and of such affidavit. Proof of service shall be furnished to the satisfaction of the said Registrar. (5) When this rule has been complied with to the extent herein required the Registrar of Trade Marks shall hand all relevant papers to the registrar of the Tribunal. Application to Tribunal under section 31, 32, 37 or 38.