LAWS OF MALAWI Trade marks (2) Cap. 49:01 Where the facts mentioned in proviso (a) or (b) to subsection (1) are proved with respect to any word or words, then:­ (a) If the trade mark consists solely of that word or those words, the registration of the trade mark, so far as regards registration in respect of the article or substance in question or of nay goods of the same description, shall be deemed, for the purposes of section 37, to be an entry wrongly remaining on the register. (b) If the trade mark contains that word or those words and other matter, the Registrar, or the Tribunal in the event of an appeal from a decision of the Registrar, in deciding whether the trade mark shall remain on the register, so far as regards registration in respect of the article or substance in question and of any goods of the same description, may in case of a decision in favour of its remaining on the register require as a condition thereof that the proprietor shall disclaim any right to the exclusive use in relation to that article or substance and any goods of the same description of that word or those words, so, however, that no disclaimer on the register shall affect any rights of the proprietor of a trade mark except such as arise out of the registration of the trade mark in respect of which the disclaimer is made; and (c) For the purposes of any other legal proceedings relating to the trade mark: (i) If the trade mark consists solely of that word or those words, all rights of the proprietor, whether under the common law or by registration, to the exclusive use of the trade mark in relation to the article or substance in question or to any goods of the same description; or (ii) If the trade mark contains that word or those words and other matter, all such rights of the proprietor to the exclusive use of that word or those words in such relation as aforesaid. Shall be deemed to have ceased on the date at which the use mentioned in proviso (a) to subsection (1) first became well known and established or at the expiration of the period of two years mentioned in proviso (b).