40 Examination of application Notification of designation for registration and refusal Trademarks No. 2 indication is not correct, the Office shall classify the goods or services under the appropriate class or classes of the Nice Agreement on payment of a classification fee. 4. An application for registration of a mark in which Malawi is a designated state shall be examined in accordance with this Act. 5.__(1) Where the Trademarks Office is notified that Malawi is a designated state, the Trademarks office may, before the expiration of twelve months from the date of the notification, make a written communication to the Office that, that if a mark is registered by the Office, that registration shall have no effect in Malawi on the basis of any grounds, both absolute and relative, including the existence of third party rights. (2) Where the Trademarks Office makes the notification under subparagraph (1) it shall give reasons for the refusal. Publication of acceptance of registration of a mark and opposition (3) The Trademarks Office shall give an applicant an opportunity to respond to the communication in subparagraph (1) and accord the applicant an opportunity to be heard on appeal in accordance with Part X of the Act. 6.__(1) An application in which Malawi is a designated state which is accepted by the Trademarks Office shall be registered by the Office and published as accepted by Malawi in the ARIPO Journal. (2) Any person may, after the publication under subparagraph (1) but before the registration of a mark, give a notice of opposition to the application for registration in Malawi. (3) The opposition made under subparagraph (2) shall be in accordance with section 10 of the Act. 4) The Trademarks Office shall transmit to the Office, an opposition made at any time after publication of a mark in the Marks Journal where Malawi is designated, but before registration. Cancellation of registration Procedure for registration (5) The opposition to the application made pursuant to subparagraph (4) shall be in accordance with section 10 of the Act. 7.__(1) Section 9 shall apply on cancellation of a registration of a mark in Malawi whether based on non-use or any other grounds. (2) Where registration has been cancelled, the Trademarks Office shall, within one month of cancellation, notify the Office which shall publish this fact in the ARIPO Journal. 8. All other procedures relating to the process of registration of a mark where Malawi has been designated shall be in accordance with the regulations made by the Administrative Council.