44
Certification
Handling fee
Ceasing of
effect of basic
application or
basic
registration
Statement of
grant of
protection
Provisional
refusal of
protection
Trademarks
No. 2
(3) Where the international application does not meet the
prescribed requirements, the Trademarks Office shall not forward it
to the International Bureau, and shall inform the applicant
accordingly.
5.__(1) Where an international application complies with the
prescribed requirements, the Registrar shall certify the international
application, indicating the date on which the international
application was received, and shall forward the international
application to the International Bureau.
(2) Where the international application does not comply with the
prescribed requirements, the Registrar shall not forward the
international application to the International Bureau, and shall
inform the applicant accordingly.
6. An applicant shall pay the prescribed handling fee to the
Registrar for the certification and transmittal to the International
Bureau of an international application originating in Malawi.
7. Where, in accordance with Article 6 of the Madrid Protocol,
a basic application the registration resulting from such application,
or basic registration, ceases to have effect, the Registrar shall inform
the International Bureau accordingly and shall request the
cancellation of the international registration in respect of the goods
and services affected.
PART III__INTERNATIONAL REGISTRATION IN RESPECT OF WHICH
MALAWI IS A DESIGNATED CONTRACTING PARTY
8. Where an application for international registration of a
trademark is received by the Trademarks Office from the
International Bureau and all procedures before the Registrar have
been completed and there is no ground for the Registrar to refuse
protection, the Registrar shall, as soon as possible and before the
expiry of the refusal period applicable under Article 5 of the Madrid
Protocol, send to the International Bureau a statement to the effect
that protection is granted to the mark in Malawi.
9.__(1) Where the Registrar finds that, in accordance with the
Act, the mark that is the subject of an international registration
designating Malawi cannot be protected, the Registrar shall, before
the expiry of the refusal period applicable under Article 5 of the
Madrid Protocol, notify to the International Bureau of a provisional
refusal of protection, complying with the requirements of the
Madrid Protocol and the Common Regulations.
(2) The holder of the international registration shall enjoy the
same remedies as if the mark had been filed for registration directly
with the Registrar.
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