Trademarks Law in Malawi
Certainly! Here's a detailed overview of Trademark Law in Malawi:
Trademark Law in Malawi
Legal Framework
Trademark protection in Malawi is governed by the Trade Marks Act, Cap 67:01.
The Malawi Intellectual Property Office (MIPO) is the authority responsible for registration and administration of trademarks.
Malawi is a member of international treaties such as:
Paris Convention
Madrid Protocol (joined recently)
TRIPS Agreement
African Regional Intellectual Property Organization (ARIPO)
Key Features
1. What Can Be Registered?
Any sign capable of distinguishing goods or services, including:
Words, letters, numerals
Logos, designs, and symbols
Shapes and colors (if distinctive)
Sounds (in limited circumstances)
2. Types of Trademarks
Individual trademarks
Collective marks
Certification marks
3. Registration Process
Application is filed with the Malawi Intellectual Property Office (MIPO).
Examination for formalities and absolute grounds (distinctiveness, descriptiveness).
Search for conflicting marks.
Publication of the application for opposition.
Opposition period: 60 days from publication.
If no opposition or opposition is unsuccessful, the trademark is registered.
4. Duration and Renewal
Registration is valid for 10 years from the date of application.
Renewable indefinitely for further 10-year periods.
Renewal must be requested before expiry; a grace period with additional fees may apply.
5. Rights Conferred
Exclusive right to use the trademark in Malawi for the registered goods/services.
Right to prevent unauthorized use or infringement.
Rights to license or assign the trademark.
6. Infringement and Enforcement
Remedies include:
Injunctions
Damages
Seizure and destruction of infringing goods
Criminal penalties may apply for counterfeiting.
Enforcement actions through civil courts.
Customs authorities assist in controlling counterfeit imports and exports.
7. International Treaties
Malawi is a member of:
Paris Convention
Madrid Protocol
TRIPS Agreement
ARIPO — allowing regional trademark protection within member states
Summary Table
| Feature | Description |
|---|---|
| Governing Law | Trade Marks Act, Cap 67:01 |
| Registration Authority | Malawi Intellectual Property Office (MIPO) |
| Protection Duration | 10 years, renewable |
| International Systems | Paris Convention, Madrid Protocol, ARIPO |
| Enforcement | Civil and criminal remedies; customs measures |
RELATED Blog
0 comments