LAWS OF MALAWI Trade marks Cap. 49:01 (3) No order shall be made by the Tribunal in terms of subsection (2) unless the trade mark agent concerned has been given notice of any allegation made against him and has had an opportunity to adduce evidence and to be heard. (4) Where the name of any trade mark agent has been removed from the register of trade mark agents under subsection (1) or (2), his name shall be restored to that register except by direction of the Tribunal, which may further direct that such restoration shall be made either without fee or on payment of such fee as it may fix, and the Registrar shall restore the name accordingly. 85. Any person entitled to practise as a legal practitioner and any patent agent may practise and describe himself as a trade mark agent and perform the functions set out in section 87 without being registered as a trade mark agent. 86. (1) No person who is not:(a) ordinarily resident in Malawi and registered as a trade mark agent; or (b) such a person as is described in section 85; Privileges of legal practitioners and patent agents. Entitlement to practise as a trade mark agent. shall practise as a trade mark agent. 87. (2) A person shall be deemed to practise as a trade mark agent if he performs any of the functions of a trade mark agent set out in section 87 or if he carries on within Malawi the business of applying for or obtaining for others trade marks in Malawi or elsewhere. (3) No person who is not a trade mark agent shall describe himself as, or hold himself out to be, a trade mark agent, trade mark attorney or attorney for trade marks, nor shall he permit himself to be so described or held out. (4) Any person who contravenes this section shall be guilty of an offence. (1) Subject to this Act, a trade mark agent may act as agent on behalf of any person in connection with any matter or proceeding before the Registrar under this Act and may draw and sign all documents and make all communications between an applicant and the Trade Marks Office and may represent an applicant at all attendances before the Registrar. (2) A trade mark agent shall not be guilty of an offence under any law prohibiting the preparation for reward of certain documents by persons not legally qualified, by reason only of the preparation by him of any document relating to trade marks for use in the Trade Marks Office or required I any proceedings under this Act before the Trade mark agents and their functions.