Malawi Trademark Registration

In order to obtain trademark protection in Malawi you can register your trademark in two ways: First option is that you request registration for the ARIPO trademark; ARIPO treaty includes trademark protection in Botswana, Cape Verde, Gambia, Lesotho, Liberia, Malawi, Mozambique, Namibia, São Tomé and Príncipe, Swaziland, Tanzania, Uganda and Zimbabwe. To proceed with trademark application in ARIPO, click here. Second option is that you register directly your trademark in Malawi. If you want to proceed this way please follow the steps described below.

Your trademark registration will be processed in Malawi through the following steps:

Step 1. Trademark Comprehensive Study:
A trademark search report with attorney's analysis and opinion about registration probabilities.

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Step 2. Trademark Registration Request:
A trademark attorney will file and process your trademark application before the Trademark Office.

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Frequently Asked Questions

Is there a time frame for the trademark registration approval?

The average time frame for the registration approval is 7 months, if no objections or oppositions arise.
If I register my trademark in Malawi, do I have protection in other territories?

The territorial limit of registration is Malawi.
Do I need to sign a Power of Attorney?

Yes, a power of attorney is required.
Are there any benefits from a pre-filing use of the trademark?
Pre-filing use benefits include:
- it may demonstrate acquired distinctiveness
- it may help overcome an opposition on the grounds of non-distinctiveness
- it allows suit for passing off under the common law
Will there be problems in case I don’t use my trademark after registration?

Attack on the ground of non-use is available.
What are the types of trademark that can be registered in Malawi?
- words
- colours
- names
- certain three-dimensional shapes
- devices
- slogans
- certification marks
What are the phases of application after a trademark has been filed in Malawi?
The order of the application process is as follows:
1. Examination of the application based on:
  - formalities
  - classification
  - clarity
  - descriptiveness
  - distinctiveness
  - deceptiveness
  - conflict with prior registration
2. Publication of the application particulars:
  - mark
  - goods/services
  - application date
  - name of applicant
  - address of applicant
  - application number
  - priority claim information
  - representation of trademark
3. Registration
What type of trademark is not registrable?
- marks contrary to moral standards or public order
- generic terms
- flags, names, or symbols of nations, states, regions or international organizations
- non-distinctive trademarks
- surnames
- geographic location names
Does Malawi use the "Nice Classification" system?

Malawi uses the Nice Classification System.
Does the Community Trademark apply for Malawi?

Malawi does not follow the European Union Trade Mark registration (formerly a Community Trade Mark registration).
Is there any possibility to claim priority in Malawi?
An applicant may claim priority application if:
- the home country is a member of the Paris Convention
- the home application was filed six months earlier than the application in Malawi
- the home country is a member of the World Trade Organization
Consult a local trademark attorney or contact Marcaria.com for more information.
What do I need to do to satisfy the use requirement?

A trademark must be used within five years.

The amount of use can be minimal and must occur in Malawi.
Once my trademark has been registered, for how many years will be valid?

The initial term of a registration is 7 years calculated from the application date.
What will be the renewal date of my trademark?

The first renewal date of a registration is 7 years from the registration date.
Is it legal to use my trademark even if it is not yet registered?

It is legally allowed to use an unregistered mark for any goods or services.

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Malawi Trademark Registration