HOW TO REGISTER A TRADE MARK
For more information on ARIPO Trade Mark Registrations click here.
1. The requirements for filing applications in Malawi are as follows:
- Full name, street address and description of the applicant (including trading style, if any, and state/ country of incorporation, if incorporated).
- List of goods and/ or services.
- A simply signed power of attorney.
- Clear print of the mark.
- If convention priority is claimed: a certified copy of the basic application together with an English translation if necessary.
- The 45 classes of the International Classification of goods and services are followed.
- Multi-class - No.
- Duration: Trade marks filed on/after 1 October 2018: 10 years from filing date and renewal for further periods of 10 years (even if priority is claimed, the date is still calculated from application date)
- Use: Not compulsory.
- Marking: Not compulsory, but advisable.
- Licenses: Advisable to record a third party as a registered user.
- Assignments of applications are permitted.
- Searches available within approximately 5-10 working days from instruction and are conducted on an online register.
4. Costs USD
- a) Application: First trade mark $1300, additional marks filed simultaneously $1050 each
b) Claiming priority: $90.00
c) Publication and registration fees: $430 per mark
- Assignment : First trade mark (within 6 months of acquisition of ownership) $690, additional marks filed simultaneously $190 each
- Change of name: First trade mark $290, additional marks filed simultaneously $75 each
- Change of address: First trade mark $280, additional marks filed simultaneously $75 each
- a) Renewal : First mark $750, additional marks renewed simultaneously $650 each
b) Late renewal fine (1 month grace period): $220 per mark
- Searches: 1 mark in 1 class $365, each additional class $215
* Please note that the application fee covers the filing costs and normal prosecution costs of the application only. Additional costs could well arise upon examination of the application which are difficult to estimate as it would depend on the various requirements raised by the Registrar i.e. disclaimers, admissions etc.
** Above quotations exclude courier charges.
*** Please note that registration fees are dependable on the year in which the mark reaches registration.
HOW TO REGISTER A PATENT OR DESIGN
In our experience, it is better to file an ARIPO regional application designating at least Malawi rather than a national application directly in Malawi. The main reason for our opinion is that ARIPO is run by WIPO and, accordingly, operates much more efficiently than the Malawian Patent and Design Offices. Furthermore, the cost of filing an ARIPO application designating only Malawi is about the same as the cost of filing a national application directly in Malawi. A further benefit of the ARIPO route is that it is possible to designate other ARIPO member countries by paying additional designation fees at a relatively nominal surcharge.
For more information on ARIPO Patent Registrations click here.
For more information on ARIPO Design Registrations click here.