LAWS OF MALAWI
Trade marks
Trade Marks Regulations
Cap. 49:01
(Subsidiary)
98.
An application by the registered proprietor of a trade mark for the variation of
the registration of a registered user of that trade mark under section 33(8)(a) of
the Act shall be made on form TM. No. 51, and shall be accompanied by a
statement of the grounds on which it is made, where the registered user in
question consents, by the written consent of that registered user.
99.
An application by the registered proprietor or any registered user of a trade
mark for the cancellation of the registration of a registered user of that trade
mark under section 33(8)(b) of the Act shall be made on form TM. No. 52, and
shall be accompanied by a statement of the grounds on which it is made.
100.
An application by any person for the cancellation of the registration of a
registered user under section 33(8)(c ) of the Act shall be made on form TM.
No. 53, and shall be accompanied by a statement of the grounds on which it is
made.
101.
The Registrar shall notify in writing applications under regulations 98, 99 and
100 to the registered proprietor and each registered user (not being the
applicant) under the registration of the trade mark. Any person so notified who
intends to intervene in the proceedings shall within two months of the receipt
of such notification give notice to the Registrar on form TM. No. 54 to that
effect and shall send therewith a statement of the grounds of his intervention.
The Registrar shall thereupon send copies of such notice and statement to the
other parties, so that the intervention may be known to the applicant, the
registered proprietor, the registered user whose registration is in suit, and any
other registered user who intervenes,. Any such party may, within such time or
times as the Registrar may appoint, leave evidence in support of his case, and
the Registrar after giving the parties an opportunity of being heard may accept
or refuse the application or accept it subject to such conditions, amendments,
modifications or limitations as he may think right to impose.
102.
(1) Applications under section 39(2) of the Act shall be made on form TM. No.
19, or No. 22, as may be appropriate, by a registered user of a trade mark, or by
such person as may satisfy the Registrar that he is entitled to act in the name of
a registered user; and the Registrar may require such evidence by affidavit or
solemn declaration or otherwise as he may think fit as to the circumstances in
which application is made.
(2)
In case of the registration of a registered user of a period, in
accordance with section 33(4)(d) of the Act the Registrar shall cancel
the entry of the registered user at the end of the period. Where some
or all of the goods are struck out from those in respect of which a
trade mark is registered, the Registrar shall at the same time strike
them out from those specifications of registered users of the trade
mark in which they are comprised. The Registrar shall notify every
cancellation or striking out under this sub-regulation to the registered
users whose permitted use is affected thereby and the registered
Registered
proprietor’s
application to vary
entry.
Application
by
registered
proprietor or user
to cancel entry.
Application under
section 33(8)(c).) to
cancel entry.
Notification
hearing.
of
Registered user’s
application under
section 39(2).
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