No. 2
Trademarks
10.__(1) Where Malawi has been designated in an international
registration, the Registrar shall advertise the international
registration as provided in the Act.
(2) Opposition to the international registration shall be in
accordance section 10 of the Act mutatis mutandis.
11.__(1) Where an opposition is filed with the Registrar in respect
of an international registration designating Malawi, the Registrar
shall, before the expiry of the refusal period applicable under Article
5 of the Madrid Protocol, notify that fact to the International Bureau
as a provisional refusal based on an opposition, in accordance with
the provisions of the Madrid Protocol and the Common
Regulations.
(2) The holder of the international registration concerned shall
enjoy the same remedies as if the mark had been filed for
registration directly with the Registrar.
12.__(1) Where the Registrar has notified to the International
Bureau of a provisional refusal of protection in accordance with
paragraphs 9 or 11 and all the procedures before the Trademarks
Office have been completed, and the provisional refusal has been
either totally or partially withdrawn, the Registrar shall send to the
International Bureau, either__
45
Advertisemen
t and
opposition of
application
Provisional
refusal based
on an
opposition
Final decision
following
notification of
a provisional
refusal
(a) a statement to the effect that the provisional refusal has
been withdrawn and that protection of the mark is granted in
Malawi for all the goods and services for which protection has
been requested; or
(b) a statement indicating the goods and services for which
protection of the mark is granted in Malawi.
(2) Where the Registrar after having sent to the International
Bureau a notification of total or provisional refusal in accordance
with paragraphs 9 or 11, and all the procedures before the
Trademarks Office having been completed, the Registrar decides to
confirm such refusal of protection of the mark in Malawi for all the
goods and services for which protection has been requested, the
Registrar shall send to the International Bureau, a statement to that
effect.
13. Where, following the sending of a statement in accordance
with paragraph 11, there is a further decision which affects the
protection of a mark in Malawi, the Registrar shall, to the extent that
the Registrar is aware of that decision, send to the International
Bureau a further statement indicating the goods and services for
which the mark is protected in Malawi.
Further
decision
affecting
protection of
a mark
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