LAWS OF MALAWI Trade marks Cap. 49:01 TRADE MARKS CHAPTER 49:01 PRELIMINARY “permitted use” has the meaning assigned to it by section 33(1); “register” means the register of trade marks kept under this Act; “register of trade marks agents” means the register of trade mark agents kept under section 83(1); “registered trade mark” means a trade mark that is actually on the register; “registered user” means a person who is for the time being registered as such under section 33; “Registrar” means the Registrar of Trade Marks appointed under section 5; “regulations” means regulations made under section 81; “trade mark” means, except in relation to a certification trade mark, a mark used or proposed to be used in relation to goods for the purpose of indicating, or so as to indicate, a connection in the course of trade between the goods and some person having the right either as proprietor or as registered user to use the mark, whether with or without any indication of the identity of that person, and means, in relation to a certification trade mark, a mark registered or deemed to have been registered under section 42; “trade mark agent” means a person who is:­ (a) registered as a trade mark agent in terms of section 83(2); or (b) a legal practitioner or patent agent entitled to practise as a trade mark agent in terms of section 85; “Trade Marks Office” means the Trade Marks Office established under section 3; “transmission” means transmission by operation of law, devolution on the legal representative of a deceased person and any other mode of transfer not being assignment; “Tribunal” means the Patents Tribunal established under the Patents Act; (2) References in this Act to the use of a mark shall be construed as references to the use of a printed or other visual representation of the mark, and references therein to the use of a mark in relation to goods shall be construed as references to the use thereof upon, or in physical or other relation to, goods. Cap. 49:02