Trademark application Malawi

Trademark registration Malawi

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Over 150,000 researches

We have researched availability for more than 150,000 brands and verified that they met all requirements to trademark them.

1500+ trademarks per year

Every year we register more than 1500 trademarks in all countries in the world, with objections being lodged in less than 1 percent.

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What are the costs of a trademark registration in Malawi?

The costs of trademark registration in Malawi depend on the number of Nice classes that are relevant to the trademark. Most marks need 1 to 3 classes, but it is possible to get  protection in all of classes 1 through 45 of the Nice classification.


How do you get a trademark registration in Malawi?

Incidentally, a trademark does not have to be in use in Malawi to have it registered, but it helps your business if you have previously traded under the relevant trademark. That way you can demonstrate the distinctive character of your brand if possible conflicts arise. In Malawi, local registration is done through the Department of the Registrar General of the Ministry of Justice and Constitutional Affairs.

Various documents are required for the registration of your brand name. Think of all contact information and data about your company, such as a deed of incorporation or extract from the Trade Register. You must also indicate which goods or services you trade, and you forward a duplicate of your brand name. Make sure this is an exact copy as only what you submit will be registered and validated. So pay close attention to different appearances.


Is a registration in Malawi mandatory?

If your company is ready for a new market and you want to protect your good name, it is best to register your trademark in Malawi. However, registration is not required in order to trade. In fact, in Malawi, the rights to a trademark are granted to the person or company that first adopts the trademark. Nevertheless, it is wise to register your brand name. This way you prevent other parties from claiming or misusing your brand name.


Why register in Malawi?

If you want to have the rights to a trademark without registering your trademark in Malawi, you have to claim them through use. That means that you have to make long and substantial use of that brand, which entails a lot of time, effort and risk. A registered trademark gives an indication of ownership and therefore offers the owner a great advantage in case of future disputes.

It is therefore advisable to have your brand registered in Malawi before trading there. If you do not ensure that your brand name is registered, you run the risk that someone else will. This makes trading impossible for you. Or your brand name is misused and your goods or services are copied and marketed. Therefore, have your brand name registered in Malawi in good time, so you can be sure that you are protected and that you do not miss out on sales.


Is a trademark search necessary before you file your trademark?

By making good preparations, you avoid running into problems when you arrange a trademark registration. With the help of a trademark search you can find out to what extent you can protect your brand in the Malawi market. You look at which other brands already exist in Malawi that could possibly conflict with your brand name. That way you don’t waste any effort and you immediately know where you stand.


Can a mark consist of several components?

Of course, your mark does not have to consist of just one word or image. You often see a combination of elements in the name. It is then wise to have each part recorded separately. When applying for your registration in Malawi, only the combination that has been submitted will be assessed. If you do not have the individual parts recorded separately, you run the risk that external parties copy and exploit part of your brand name.

If this happens, you may miss out on a lot of sales and that is of course not the intention. It is possible to object if someone uses part of your brand name, but only if they also offer similar goods or services. This falls under confusing resemblance. Whether your objection will have an effect is always the question, since every situation is different. Therefore, secure all individual elements of your brand name.


What is the validity and how can you renew your mark?

The validity of your registration lasts for 7 years from the moment the application is submitted. After this you can renew the registration each time for periods of 14 years. You can arrange the renewal of your registration from 6 months before the expiry date.

If you are going to register your brand name but you do not intend to trade actively, you have to be careful. Third parties can ensure that your brand name is declared invalid if it is not used for more than 5 years. So make sure you stay at least active every now and then.


Where else to register?

In addition to where your company is located, there are other places where you can best have your brand name registered. For example, you should definitely not skip the countries where your production takes place. And also consider locations where the major competitors are located. You also want to secure your brand name there. Finally, you can make an indication of the countries where you think your brand can be abused. In most countries you can register your trademark without actively using it, so you know for sure that you are protected.

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Trademark registration Malawi