LAWS OF MALAWI Trade marks Cap. 49:01 PART XI OFFENCES AND PENALTIES 68. 69. Any person who makes or causes to be made a false entry in the register, or a writing purporting to be a copy of an entry in the register, or who produces or tenders or causes to be produced or tendered in evidence any such writing, knowing the entry or writing to be false, shall be guilty of an offence. (1) Any person who makes a representation:­ (a) with respect to a mark not being a registered trade mark to the effect that it is a registered trade mark; or (b) with respect to a part of a registered trade mark not being a part separately registered as a trade mark to the effect that it is so registered; or (c) to the effect that a registered trade mark is registered in respect of any goods in respect of which it is not registered; or (d) to the effect that the registration of a trade mark gives an exclusive right to the use thereof in any circumstances in which, having regard to limitations entered on the register, the registration does not give that right. Shall be liable to a fine of £50 and to imprisonment for six months. (2) For the purposes of this section, the use in Malawi in relation to a trade mark of the word “registered” or of any other word referring, whether expressly or impliedly, to registration shall be deemed to import a reference to registration in the register, except:- (a) where that word is used in physical association with other words delineated in character at least as large as those in which that word is delineated and indicating that the reference is to registration as a trade mark under the law of a country outside Malawi, being a country under the of which the registration referred to is in fact in force; (b) where that word (being a word other than the word “registered”) is of itself such as to indicate that the reference is to such registration as last aforesaid; or (c) where that word is used in relation to a mark registered as a trade mark under the law of another country and in relation to goods to be exported to that country. Falsification false representing a trade mark as registered. Penalty for falsely representing a trade mark as registered.