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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