Malawi
International and Regional Arrangements
Malawi is a member of the Paris Convention.
TRADEMARKS
Types of Trademark Registrable
Service marks are not registrable, Malawi operates a “Single-class” registration system (a separate application is required for each class). There are provisions for the registration of CERTIFICATION MARKS, DEFENSIVE MARKS and SERIES MARKS.
Documents required for trademark registration
- Simply singed power of attorney
- Twelve prints of the trademark (not required for word marks).
- Statement of use or proposal to use
Renewals
Duration of registration is seven (7) years from filing date. Marks may be renewed for further periods of fourteen (14) years. Renewal applications are to be lodged within six (6) months before expiry.
Documents required for renewals
No documents required.
Documents required for assignments/mergers
- Power of Attorney simply signed.
- Deed of Assignment or other instrument of title, with verified English translation.
Documents required for change of name
- Power of Attorney, simply signed.
- Certificate of Change of Name, with verified English translation.
Documents required for change of address
Power of Attorney simply signed.
Documents required for licenses/registered users
- Power of Attorney, simply signed, from proprietor and licensee.
- Declaration and Statement of Case, with verified English translation.
- License Agreement, with verified English translation.
PATENTS
Filing Requirements:
National Phase PCT Application:
Even though there is no enabling legislation, the Malawian authorities are receiving and processing national phase patent applications.
- Power of attorney
- Specification claims and abstract in English
- Formal drawings, if applicable
- Assignment of Invention
- Copy of Published International Application
- Copy of International Search Report
- Copy of International Preliminary Report on Patentability
Patents of Invention (Non-PCT):
- Power of Attorney
- Specification claims and abstract in English
- Formal drawings, if applicable
- Assignment of Invention
- Priority document with verified English translation
Duration and Renewal
The term of a patent is sixteen (16) years from the filing date, which may be extended for one further period of up to five (5) years on the ground of inadequate remuneration, and in exceptional circumstances a period of up to ten (10) years. Renewal fees are payable annually commencing on the third anniversary of the filing date.