Changes in Malawi Trade Mark Legislation.

The new Malawi Trademarks Act came into force on 1 October 2018, according to Government Notice No. 81 dated 21 September 2018.

As such, it is now possible to register service marks in Malawi. This differs from the previous Act, which only provided for the registration of a trade mark in relation to goods.

Although the regulations under the new Act have not yet been promulgated by the relevant minister, the Trade Marks Regulations under the old Act shall continue to apply to the extent that they are not inconsistent with the new law.

Another important change is a provision that allows for the reclassification of already registered trade marks on renewal. Any reclassification before renewal can also be done through an application to amend the entry on the register, whether the relevant mark is registered or pending.

We will write to our clients with existing Malawian trade mark registrations regarding the reclassification on renewal, but welcome any queries in this regard in the meantime.

By Sacha Rose Cramer, Trademark Department, under supervision of Adré Pretorius and Claire Brown, Trademark Attorneys