COUNTRY : REPUBLIC OF MALAWI
CAPITAL : LILONGWE
LANGUAGE : ENGLISH
Filing Of Trademarks In Malawi - ARIPO:
There are 2 ways to apply for a trademark:
1. NATIONAL REGISTRATION: Within the territory of Malawi
2. ARIPO – Member Countries Listed Below.
ARIPO is a community of 18 Former English Colonies which are also English speaking Countries.
Member Countries are: Member Countries are: Botswana, Gambia, Ghana, Kenya, Lesotho, Liberia, Malawi, Mozambique, Namibia, Rwanda, Sierra Leone, Somalia, Sudan, Swaziland, Tanzania, Uganda, Zambia and Zimbabwe.
African Regional Intellectual Property Organisation known more commonly by its acronym (ARIPO) was established through the Lusaka Agreement and is headquartered at Harare Zimbabwe.
It is to be noted that most of the ARIPO member countries have not amended their national laws to incorporate ARIPO's guidelines on trademark law. Therefore, all prospective applicants are requested to file applications for registration of trademarks through national registration system through the national IP offices.
It is highly advisable to conduct a search of the proposed mark to ensure that a similar mark has not been applied for by other contenders and is not pending registration or is already registered.
Filing is done with the Trademark office of Malawi.
· Infringement & Opposition Actions
· License and Assignment procedures
· Trademark Watch Services
Once the application is filed, a formality examination is carried out to ensure that the application fulfills all the necessary procedural and formality requirements.
Post examination, the trademark application is published in the official IP gazette to which interested third parties may file their opposition.
Once the application is published and has overcome all the objections by the examiners and opposition if any by third parties, it is registered and a certificate of registration issued to the applicant.
Post Registration: In the event the trademark is not used continuously for 5 yrs. after registration, the mark becomes vulnerable for revocation and / or cancellation.