Trade Marks

International Arrangements:

Paris Union, ARIPO, Madrid Protocol (with effect from 25 December 2018), TRIPS. 

A new Trade Marks Act (Malawi Trade Marks Act No. 2 of 2018) came into effect on 1 October 2018 and replaces the Trade Marks Act of 1958.

Categories of Trade Marks:

There are provisions for the registration of CERTIFICATION MARKS, COLLECTIVE MARKS, SERVICE MARKS and SERIES MARKS.
There are no provisions for the registration of DEFENSIVE MARKS.

Classification:

The International Classification of goods and services applies.
A separate application is required for each class of goods or services.

Documents required:

A. New Applications

  • Power of Attorney, simply signed
  • Twelve prints, except for word marks in ordinary type - no printing block required
  • Priority document (if applicable), with verified English translation
  • An indication as to whether the mark is in use or proposed to be used

B. Renewals

  • No documents required

C. Assignments/Mergers

  • Power of Attorney, simply signed
  • Deed of Assignment or other instrument of title, with verified English translation

D. Change of Name

  • Power of Attorney, simply signed
  • Certificate of Change of Name, with verified English translation

E. Change of Address

  • Power of Attorney, simply signed

F. Licences/Registered Users

  • Powers of Attorney, simply signed, from proprietor and licensee
  • Declaration and Statement of Case, with verified English translation
  • Licence Agreement, with verified English translation

Printable Version

download