Registering a trademark in Malawi is a process that involves conducting a preliminary search, filing an application, undergoing an examination by the Registrar General, and waiting for the publication and potential opposition period. If successful, the registration of your trademark will give you exclusive rights to use it in Malawi for 7 years, renewable every 14 years. By following this guide, you can take the necessary steps to protect your brand in Malawi. Make sure to adhere to the requirements and guidelines to ensure a smooth registration process.
Step 1: Preliminary
Search The first step in the process is to conduct a preliminary search to ensure that your proposed trademark is not similar or identical to an existing one. The Intellectual Property Office of Luxembourg (Office de la Propriété Intellectuelle) provides a database that you can use for this search. Access the database at this link: https://www.guichet.public.lu/en/entreprises/propriete-intellectuelle/marques/demarche-depot-marque.html
Step 2: Application
If the search does not reveal any conflicting trademarks, the next step is to file an application with the Intellectual Property Office. The application must include a clear representation of the trademark and a list of goods or services to be covered by the trademark.
Step 3: Examination by Intellectual
Property Office After receiving the application, the Intellectual Property Office will examine it to ensure that it complies with the requirements of the Trademark Law. They will also determine whether the trademark can be registered or if it infringes upon any existing trademarks.
Step 4: Publication
Once the application passes the examination, the Intellectual Property Office will publish the application in the Official Bulletin. This is to give third parties the opportunity to oppose the registration of the trademark. The opposition period lasts for two months from the date of publication.
Step 5: Registration
If no opposition is filed, or if any opposition is resolved in favor of the applicant, the Intellectual Property Office will proceed with the registration of the trademark. The applicant will then receive a certificate of registration.
Costs:
The official fee for filing a trademark application is approximately €40 (as of 2023). If the application is successful, there is an additional fee for the issuance of the registration certificate. Please note that these fees are subject to change and it's recommended to check the latest fees on the Intellectual Property Office website.
Time-frame:
The entire process, from application to registration, usually takes between 6 to 9 months, provided that there are no objections or oppositions.
Website Links:
Intellectual Property Office of Luxembourg: https://www.guichet.public.lu/en/entreprises/propriete-intellectuelle/marques/demarche-depot-marque.html
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