Trademarks in Malawi

Competent Authority & System

• Official Authority: Department of the Registrar General. The Registrar General is the Registrar of Trademarks. The head office is in Blantyre, with further offices in Lilongwe and Mzuzu.
• Legislation: Trademarks Act, 2018 (Act No. 2 of 2018), which came into force on 24 October 2018 and repealed the earlier Trade Marks Act (Cap. 49:01). Marks already registered stayed in force.

Applicant & Representation Requirements

• Foreign applicants: an applicant who lives or has a business outside Malawi must be represented by a trademark agent resident in Malawi.

Registrable Mark Types

• Application: it is made in the prescribed form and gives the applicant's details, the goods or services, a representation of the mark and a declaration of use or intention to use the mark as a trademark.

Publication & Opposition

• Opposition period: 30 days from the date the application is advertised. The applicant then has 30 days to file a counter-statement.

Duration & Renewal

• Validity period: a registration lasts ten years.
• Renewal: it can be renewed from time to time, for successive periods of ten years.

Use Requirements & Priority System

• Non-use removal: the Registrar may remove a mark from the register if satisfied that it has not been used for the goods or services for a continuous period of five years.

This article is for informational purposes only and does not constitute legal advice or consultation. To receive personalized and in-depth guidance tailored to your specific situation, we invite you to schedule a consultation.