ARIPO Patent & Trademark Search

Malawi Trademarks Act, 2018

Multi-Class Filing System
Classification of goods / services - Nice Classification 10th Edition
Member of Paris Convention
Priority can be claimed under Paris Convention within 6 months from the filing date
International filing under Madrid Protocol and Madrid Agreement – Not applicable
Protection Term - 7 years from filing date
Examination Type - Substantive
Opposition Period - 2 months
Use - a registered mark may be subject to cancellation action by interested parties if it has not been used for 5 consecutive years
Renewal application can be made within 6 months before expiry
Renewal duration - 14 years

Power of attorney, simply signed
All required documents should be filed before the publication of the mark

Power of attorney, simply signed

Power of attorney, signed by the assignee
Deed of assignment signed by the assignor and assignee

Power of attorney, simply signed
Merger agreement signed by both parties

Power of attorney, simply signed
License agreement signed by both parties

Power of attorney, simply signed
Official document showing change

Malawi Patents Act, 1986

Member of PCT, Paris Convention and ARIPO
Priority can be claimed under Paris Convention within 12 months from the first filing date
Term of Protection - 16 years
Annuities are payable and due from the third anniversary of the filing date and are only payable after grant
A six month grace period is available for late payments
Malawi is party to ARIPO’s Harare Protocol which states that term of an ARIPO patent designating Malawi is 20 years

Power of attorney, simply signed
Specifications, claims, and abstract in English
Deed of assignment if the applicant is not the inventor
Certified copy of the priority document, if claimed
International application (PCT)
International search report (PCT)
Preliminary examination report (PCT)

No documents required

Power of attorney, signed by the assignee
Deed of assignment signed by the assignor and assignee

Power of attorney, simply signed
Merger agreement signed by both parties

Power of attorney, signed by the licensee
License agreement signed by both parties

Power of attorney reflecting the new name or address, simply signed
Certificate of incorporation or extract from the commercial register/document reflecting the change

Malawi Registered Designs Act, 1985

Member of Paris Convention, ARIPO
Priority can be claimed Paris Convention within 6 months from the first filing date
The initial term of the design registration is five years
Protection can extended upon payment of renewal fees for two further five year terms
A grace period of three months is available for late payments of renewal fees
ARIPO designs are valid for 10 years and are subject to payment of annual maintenance fees
ARIPO has a six month grace period for payment of renewal fees

Power of attorney, simply signed
Drawings, and photographs or graphical representations of the industrial design
Statement of the article to which the design is to be applied
Certified copy of the priority document if claimed

No documents required

Power of attorney, signed by the assignee

Power of attorney, simply signed
Merger agreement signed by both parties

Power of attorney, signed by the licensee
License agreement signed by both parties

Power of attorney reflecting the new name or address, simply signed
Certificate of incorporation or extract from the commercial register/document reflecting the change

Trademark Registration Process

Learn more about the process

Trademark Review

Your lawyers will help you to review the trademark(s) to be registered and advise you of the best protection approach according to the country laws and requirements.

Trademark Classification

With the knowledge of your goods/services, your lawyers will assist you with identifying the most appropriate international class for your trademark.

Trademark Search

Although not mandatory, a trademark clearance search should be conducted to establish if your trademark can be registered and used in the market.

Filing

Your lawyers will submit your application for registration after reviewing and confirming that all formal requirements by the respective IPO have been met.

Examination

At this stage, the IPO will examine whether your trademark fulfills the requirements of the applicable trademark law.

Publication

After the examination process, the trademark is published and third parties may submit an opposition against it being registered. Your lawyers' role is to address and respond to any oppositions and ensure that your trademark proceeds to registration.

Registration

After the opposition period, your trademark is registered and a certificate of registration is issued.

Watch Service

Registration of the trademark is just the beginning, there is need for vigilance in the market. Your lawyers help you lookout for potential infringement through our trademark watch service.

Renewal

Trademark registration is valid for a specific period of years after which it has to be renewed, 10 years in most jurisdictions with a few exceptions. We got you covered.

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IP Office

Department of the Registrar General Ministry of Justice and Constitutional Affairs.

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