return the fee and treat it as not received; or LAWS OF MALAWI Trade marks Trade Marks Regulations (b) Cap. 49:01 (Subsidiary) Communicate with the registered proprietor stating that the fee has been received and that the registration will in due course be renewed. 65. At a date not less than three months and not more than six months before the expiration of the last registration of a mark, if no fee with form TM. No. 12 has been received, the Registrar shall notify the registered proprietor in writing of the approaching expiration. 66. At a time not less tan fourteen days and not more tan one month before the expiration of the last registration of a mark the Registrar may, if no fee as aforesaid has been received, send a notice in writing to the registered proprietor at his trade or business address as well as at his address for service, if any. 67. If at the date of the expiration of the last registration of a mark the renewal fee has not been paid, the Registrar shall advertise the fact forthwith in the Gazette if the Registrar receives the renewal fee with form TM. No. 12, together with an additional fee accompanying for TM. No. 13, at any time during the period between such date of expiration and one month after such advertisement, he may renew the registration without removing the mark from the register. 68. Where, at the expiration of one month from the advertisement mentioned in regulation 67, the fees therein mentioned have not been paid, the Registrar may remove the mark from the register as of the date of the expiration of the last registration, but may, upon payment of the renewal fee with form TM. No. 12 together with a restoration fee accompanying form TM. No 14, restore the mark to the register if satisfied that it is just so to do and upon such conditions as he may think fit to impose. 69. Where a trade mark has been removed from the register, the Registrar shall cause to be entered in the register a record of the removal and of the cause thereof. 70. Upon the renewal of restoration and renewal of a registration a notice to that effect shall be sent to the registered proprietor and the renewal or restoration and renewal shall be advertised in the Gazette. 71. Where a person becomes entitled by assignment or transmission to a registered trade mark he may, co-jointly with the registered proprietor, make application to the Registrar on form TM. No. 16 to register his title. Notice before removal of trade mark form register. Second notice. Removal of trade mark from register. Record of removal of mark. Notice and advertisement of renewal and restoration. Joint application for entry of assignment or transmission. 72. Where a person becomes entitled to a registered trade mark in the manner to in regulation 71, and no conjoint application as therein mentioned is made, he shall make application to the Registrar on form TM. No. 17 to register his title. Application entry assignment transmission subsequent proprietor. for of or by 73. An application under regulation 71 or 72 shall contain the name, trade or business address and description of the person claiming to be entitled, together with full particulars of the instrument, if any, under which he claims, and such Particulars to be stated in application.

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