Registrar may allow shall not exceed three months.
LAWS OF MALAWI
Trade marks
Trade Marks Regulations
81.
Cap. 49:01
(Subsidiary)
(1) A registered proprietor or registered user of a trade mark whose trade or
business address or address for service is changed so that the entry in the
register is rendered incorrect shall forthwith request the Registrar on form TM.
No. 19 to make the appropriate alteration of the address in the register, and the
Registrar shall alter the register accordingly if he is satisfied in the matter.
(2)
A registered proprietor or registered user of a trade mark whose
registered trade or business address or address for service is altered by
a public authority, so that the changed address designates the same
premises as before, may make the aforesaid request to the Registrar
on form TM. No. 19, and if he does so he shall leave therewith a
certificate of the alteration given by the said authority. If the
Registrar is satisfied as to the facts of the case, he shall alter the
register accordingly, but shall not require the payment of the
prescribed fee.
(3)
In case of the alteration of the address of a person entered in the
register as the address for service of more than one registered
proprietor or registered user of trade marks, the Registrar may, on
proof that the said address is the address of the applicant and if
satisfied that it is just so to do, accept an application from that person
on form TM. No. 19 amended so as to suit the case for the appropriate
alteration of the entries of his address as the address for service in the
several registrations, particulars of which shall be given in the form,
and may alter the entries accordingly.
(4)
All applications under this regulation on form TM. No. 19 shall be
signed by the registered proprietor or the registered user, as the case
may be, or by an agent expressly authorized by him for the purpose of
such an application, unless in exceptional circumstances the Registrar
otherwise allows.
82.
An application to the Registrar under any of the sections 31, 32, 37 or 38 of the
Act for the making, expunging or varying of any entry in the register shall be
made on form TM. No. 27, and shall be accompanied by a statement setting out
fully the nature of the applicant’s interest, the facts upon which he bases his
case and the relief he seeks. Where the application is made by a person who is
not the registered proprietor of the trade mark in question it shall be
accompanied by a company of the application and a copy of the statement, and
these copies shall be transmitted forthwith by the Registrar to the registered
proprietor.
83.
Upon such application being made, and copy thereof transmitted to the
registered proprietor, if necessary, regulations 48 to 57 inclusive shall apply
mutatis mutandis to the further proceedings thereon; but the Registrar shall not
rectify the register or remove the mark from the register merely because the
registered proprietor has not filed a counter-statement. In any case of doubt
Alteration
of
address in register.
Application
to
rectify, or remove
a trade mark from,
the register.
Further procedure.
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