Discover the risks and dangers of failing to register a trademark to understand the value and importance of trademark registration for your brand.
The Risks of Not Registering a Trademark
Malawi Trademark Registration
Protect Your Brand in Malawi Through a Simple Process Backed by Certified Local Attorneys
Simple steps to register your trademark
Malawi's trademark registration can be obtained through two ways: register through the ARIPO Treaty, which extends protection to multiple countries, or register directly with the Registrar General's Department.
STEP 1
Comprehensive Trademark Study
Before filing your trademark in Malawi, you must evaluate any issues that may arise during the registration process. Our Comprehensive Trademark Study not only lists similar trademarks (graphic and phonetic) that may conflict with yours but also provides you with an Attorney's opinion on the trademark registration possibilities and the class(es) that your goods/services belong to.
- Graphic and phonetic similarity trademark search report
- Trademark attorney's analysis and advice
- Trademark class recommendation
STEP 2
Trademark Application Filing
Specialized attorneys will file your trademark application in Malawi and carry out all the necessary formalities to bring your application for approval and registration. As soon as your trademark is filed, we will send you a filing report that will include the application number and application date. Also, we will send you a scanned copy of the filed application.
- Process Handled by Experienced Trademark Attorneys
- Filing the Report & a Scanned Copy of the application
- Tracking the Registration Process Online
Additional Services in Malawi
Discover how our services help protect and strengthen your brand in Malawi.
Trademark Search
Check if your trademark is available for registration with our easy-to-use search tool.
Search TrademarkTrademark Renewal
Renew your trademark to maintain uninterrupted protection for your brand.
Renew TrademarkDomain Registration
Safeguard your local domain with ease through our trusted partner, Register.Domains.
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National vs. International Trademark Registration
Discover how national and international trademark registration compare, the pros and cons of each, and which is right for you.
Commonly Asked Questions About Trademark Registration
Learn answers to some of the most commonly asked questions on trademark registrations to improve your trademark knowledge.
Frequently Asked Questions
Can someone claim priority for a patent application in Malawi?
You can claim priority for your application in Malawi if:
- Your home country is part of the Paris Convention
- Your original application was submitted no more than six months before the one in Malawi
- Your home country is a member of the World Trade Organization
What rights do you gain by registering a trademark?
Registering a trademark grants the following rights:
- Exclusive use of the trademark
- Ability to oppose later conflicting trademark applications
- Ability to cancel later conflicting trademark registrations
- Right to take legal action against infringement
- Right to license the trademark to others
- Ability to request customs to seize counterfeit goods
- Right to seek compensation for infringement
If I register my trademark in Malawi, will it be protected in other countries?
Registering your trademark in Malawi only provides protection within Malawi's borders.
Does registering a trademark in Malawi provide me with any legal rights?
You don't have to register a trademark to have rights to it in Malawi. The country uses the 'first to use' rule.
What is the typical duration for trademark registration approval?
Typically, it takes about 7 months to get a trademark registered, provided there are no objections or oppositions.
Sure, here's a rewritten version of the question: "Is it necessary for me to sign a Power of Attorney?"
Yes, you need to sign a power of attorney.
What are the steps involved in the trademark application process in Malawi after filing?
The application process follows these steps:
- Checking formalities
- Classification review
- Ensuring clarity
- Assessing descriptiveness
- Evaluating distinctiveness
- Checking for deceptiveness
- Identifying conflicts with existing registrations
- Trademark
- Goods/Services
- Application date
- Applicant's name
- Applicant's address
- Application number
- Priority claim details
- Trademark representation
Can a registration be canceled?
Registration can be canceled for the following reasons:
- Ownership rights issues
- Copyright infringement
- The mark is too descriptive
- The mark is generic
- The mark lacks distinctiveness
- The mark serves a functional purpose
- Conflicts with registered design rights
- Issues with geographical indication
- The mark is misleading, deceptive, or offensive
- The mark violates public policy or moral standards
How long is a trademark valid once it has been registered?
The trademark registration is valid for 7 years starting from the date you apply.
Do I need to use my trademark before applying for registration?
You need to either be using the trademark already or plan to use it when you apply.
Who is eligible to challenge my trademark application?
These parties can challenge a trademark application:
- any party with a vested interest
- the holder of a prior right
- a party with a license
What actions are necessary to meet the usage requirement for a trademark?
You need to use the trademark within five years.
The usage can be minimal, but it must take place in Malawi.
What is the duration of the opposition period?
The opposition period starts on the publication date and lasts for two months.
Still have questions?