LAWS OF MALAWI Trade marks Cap. 49:01 (a) That the trade mark was registered without any bona fide intention on the part of the applicant for registration tat it should be used in relation to those goods by him and that there has in fact been no bona fide use of the trade mark in relation to those goods by any proprietor thereof for the time being up to the date one month before the date of the application; or (b) That up to the date one month before the date of the application a continuous period of five years or longer elapsed during which the trade mark was a registered trade mark and during which thee was no bona fide use thereof in relation to those goods by any proprietor thereof for the time being: Provided that (except where the applicant has been permitted under section 17(2) to register an identical or nearly resembling trade mark in respect of the goods in question or where the Tribunal or the Registrar, as he case may be, is of opinion that he might properly be permitted so to register such a trade mark) the Tribunal or the Registrar may refuse an application made under paragraph (a) or (b) in relation to any goods, if it is shown that there has been, before the relevant date or during the relevant period, as the case may be, bona fide use of the trade mark by any proprietor for the time being in relation to goods of the same description, being goods in respect of which the trade mark is registered. (2) Where, in relation to any goods in respect of which a trade mark is registered:(a) The matters referred to in subsection (1)(b) are shown so far as regards non-use of the trade mark in relation to goods to be sold or otherwise traded in in a particular place in Malawi (otherwise than for export from Malawi) or in relation to goods to be exported to a particular market outside Malawi: and (b) A person has been permitted under section 17(2) to register an identical or nearly resembling trade mark in respect of those goods under a registration extending to use in relation to goods to be sold or otherwise traded in in that place (otherwise than for export from Malawi) or in relation to goods to be exported to that market or the Tribunal or the Registrar is of opinion that he might properly be permitted so to register such a trade mark; on application by that person to the Tribunal or, at the option of the applicant and subject to section 64, to the Registrar, the Tribunal or the Registrar may impose on the registration of the first mentioned trade mark such limitations as t he Tribunal ort he Registrar thinks proper for securing that that registration shall cease to extend to such