instrument shall be produced for inspection by the Registrar, preferably at the LAWS OF MALAWI Trade marks Trade Marks Regulations Cap. 49:01 (Subsidiary) time of application. The full names of all the partners in a partnership shall be given in the body of the application. The Registrar may in any case require and retain an attested copy of any instrument produced for inspection in proof of title, but such copy shall not be open to public inspection. 74. Where in the case of an application on form TM. No. 16 or No. 17 the person applying for registration of his title does not claim under any document or instrument which is capable in itself of furnishing proof of his title, he shall, unless the Registrar otherwise directs, either upon or with the application, state a case setting forth the full particulars of the facts upon which his claim to be proprietor of the trade mark is based, and showing that the trade mark has been assigned or transmitted to him. If the Registrar so requires, the case shall be verified by affidavit or solemn declaration on form TM. No. 18. 75. The Registrar may call on any person who applies to be registered as proprietor of a registered trade mark for such proof or additional proof of title as he may require for his satisfaction. 76. (1) An application under regulation 71 or 72 relating to an assignment on or after the commencement of the Act of a trade mark in respect of any goods shall state:- Case accompanying application. Proof of title. (a) whether the trade mark was, at the time of the assignment used in a business in any of those goods; and (b) whether the assignment was made otherwise than in connection with the goodwill of that business. And, if both those circumstances subsisted, then the applicant shall leave with the Registrar a copy of the Registrar’s directions to advertise the assignment, obtained upon application under section 27(7) of the Act and regulation 80, and such proof, including copies of advertisements or otherwise, as the Registrar may require that his directions have been fulfilled; and if the Registrar is not satisfied that the directions have been fulfilled he shall not proceed with the application. (2) For the purposes of section 34(3) of the Act, the period within which a corporation may be registered as the subsequent proprietor of a registered trade mark, upon application made under regulation 71 or 72, shall be six months from the date of advertisement in the Gazette of the registration of the trade mark or such further period not exceeding six months as the Registrar may allow, on application being made to him on form TM. No. 15 by the applicant for registration of title or the registered proprietor, as the case may be, at any time before or during the period for which the extension can be allowed. Application for entry of assignment without goodwill.

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