LAWS OF MALAWI Trade marks (5) Cap. 49:01 In dealing with an application under section 42, the Registrar, or the Tribunal in the event of an appeal from a decision of the Registrar, shall have regard to the like considerations, so far as relevant, as if the application were an application under section 22 and to any other considerations relevant to applications under section 42, including the desirability of securing that a certification trade mark shall comprise some indication that it is such a trade mark, and including also the following matters, that is to say:(a) whether the applicant is competent to certify the goods in respect of which the mark is to be registered. (b) Whether the draft regulations are satisfactory; and (c) Whether in all the circumstances the registration applied for would be to the public advantage. 2. When an application has been accepted, the applicant shall, as soon as may be after such acceptance, advertise the application as accepted in the prescribed manner, and section 23(2) to (10) inclusive shall have effect in relation to the registration of the mark as if the application had been an application under section 22. 3. (1) The regulations deposited in respect of a certification trade mark may, on the application of the registered proprietor, be altered by the Registrar. (2) 4. The Registrar may direct that an application for an alteration under this paragraph shall be advertised in any case where it appears to him that it is expedient so to do, and where an application has been so advertised, if within the prescribed time from the date of the advertisement any person gives notice to the Registrar of opposition to the application, the Registrar shall not decide the matter without giving the parties an opportunity of being heard. (1) On the application in the prescribed manner of any person aggrieved or of his own motion, the Registrar (subject to section 44) may make such order as he thinks fit for expunging or varying any entry in the register relating to a certification trade mark or for varying the deposited regulations on the ground:­ (a) that the proprietor is no longer competent, in the case of any of the goods in respect of which the trade mark is registered, to certify those goods; (b) that the proprietor has failed to observe a provision of the deposited regulations to be observed on his part; (c) that it is no longer to the public advantage that the trade mark should be registered; or