LAWS OF MALAWI Trade marks Trade Marks Regulations Cap. 49:01 (Subsidiary) 16. The word “Anzac” may not appear on trade mark for whose registration an application is made. 17. Where a representation of the armorial bearings, insignia, orders of chivalry, decorations or flags of any state, city, borough, town, place, society, body corporate, institution or person appears on a mark, the Registrar, before proceeding to register the mark, shall, if he so requires, be furnished with a consent to the registration and use of such emblems form such official or other person as appears to the Registrar to be entitled to give consent, and in default of such consent he may refuse to register the mark. 18. Where the name or representation of any person appears on a trade mark, the Registrar shall, if he so requires, before proceeding to register the mark be furnished with consent from him, or, in the case of a person recently dead, from his legal representative, and in default of such consent he may refuse to register the mark. 19. (1) Where the name or description of any goods appears on a trade mark the Registrar may refuse to register such mark in respect of any goods other than the goods so named or described. (2) 20. Arms of city, etc. Consent of person to use of name or representation. Name or description of goods on a trade mark. Where the name or description of any goods appear on a trade mark, which name or description in use varies, the Registrar may permit the registration of the mark for those and other goods, and in that case the applicant shall state in his application that the name or description will be varied when the mark is used upon goods covered by the specification other than the named or described goods. (1) Any person who proposes to apply for the registration of a trade mark in Part A or Part B of the register in respect of any goods may apply to the Registrar on form TM. No. 30, or on form MT No. 29 in a case where he is also making an application under regulation 113, for advice as to whether the trade mark, of which duplicate representations shall accompany the form, appears to the Registrar prima facie to be inherently adapted to distinguish within the meaning of section 14 or 15 of the Act, as the case may be, in relation to goods comprised within different classes of goods in the Fourth Schedule. (2) Prohibited word in marks. A notice of withdrawal of an application for the registration of a trade mark given under section 43(3) of the Act for the purpose of obtaining repayment of any fee paid on the filing of he application shall be given in writing two months from the date of the notice of the Registrar’s objection. Preliminary advice by Registrar as to distinctiveness.

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