Malawi

Malawi

Malawi
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Fees for registering Malawi trademarks

First class: ?
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$1895
Additional classAdditional class: ?
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$1334
RenewalRenewal:
$1895

Service Process

Trademark registration time

Malawi is located in southern Africa and is one of the least developed countries in the world. The current trademark regulations are mainly based on the Trademark Law promulgated on February 2, 2018. The General Administration of Registration of the Ministry of Justice is responsible for trademark affairs, and the official languages are English and Chichewa. Trademark exclusive rights need to be obtained through registration. Malawi trademark registration adopts the principle of "application first", making it difficult to protect unregistered trademarks.

Malawi is a party to international intellectual property treaties such as the TRIPS Agreement, Paris Convention, Nice Agreement, and WIPO Convention, as well as the Bangui Agreement. Therefore, trademark protection can be handled through both "single country registration" and designated methods by the African Industrial Property Organization.

Trademark Registration Process

At present, the Malawian authorities use the Nice Classification 11th edition of goods and services descriptions and do not accept applications for multiple categories in one form. The elements that can be registered as trademarks in Malawi include: text, name, graphics, numbers, three-dimensional symbols, letters, and combinations of the above elements; According to Article 26 of the Trademark Law, if the rights holder wants to obtain exclusive rights to each element of a combined trademark, it is best to register and protect the entire trademark and each element separately.

If the applicant does not reside in Malawi, they must entrust a specialized agent in their home country to handle the matter. The basic materials required for trademark application are:
1. Trademark design;
2. Category and specific product items;
3. Name and address of the applicant;
4. Power of attorney;
5.If priority is declared, priority proof documents and corresponding English translations must be provided.

The main process for applying for registration of a trademark in Malawi is: application, acceptance, examination, announcement, approval, and issuance of a certificate.

After the application is submitted, the official first conducts a formal review, mainly examining whether the application materials and classification information comply with the regulations. Generally, it takes about one month to complete the acceptance. After acceptance, substantive examination of the trademark will be conducted, including examination of the distinctiveness of the trademark, whether it violates the prohibition and prohibition clauses, and whether it conflicts with the prior trademark. If the examination is passed, it will be announced; If the review fails, a rejection notice will be issued and the applicant will be required to respond within the time limit specified in the rejection notice.

The objection period is 2 months from the date of the initial review announcement, and any interested party may raise objections. The main reasons for raising objections are:
1. Conflict with prior trademarks, such as owning a prior registered trademark;
2. The trademark lacks distinctiveness;
3. The trademark has adverse effects;
4. Malicious registration;
5. Conflict with other prior rights, such as trade name rights, design rights, copyrights, personal names, etc.

If there are no objections or objections are not valid during the announcement period, registration can be approved and a registration certificate can be issued after the objection period ends. In a smooth situation, trademark registration in Malawi takes 1-2 years; If things don't go smoothly and there are objections or rejections along the way, the time will be greatly extended.

Trademark registration materials

The Malawi trademark is valid for 7 years after registration, starting from the date of application; Renewal can be processed within 6 months before the expiration date, with a grace period of 6 months; The renewal period is 14 years.

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