The short answer
Under the Trademarks Act 2018, a Malawian trademark registration lasts 10 years and is renewed for further 10-year periods. The registration takes effect from the date of filing. After advertisement, opposition must be filed within 30 days. A mark can be removed after 5 continuous years of non-use. An applicant based outside Malawi must be represented by a trademark agent resident in Malawi.
Trademark deadlines in Malawi at a glance
These rules come from the Trademarks Act 2018 (Act No. 2 of 2018, published 2 February 2018), in the English text of the Government Gazette. It replaced the older Trade Marks Act with its 7-year term. Time limits for renewal are set in the Regulations, so we confirm them and the fees with the Registrar before we file.
| Question | Answer |
|---|---|
| How long does a trademark last? | 10 years, renewable from time to time (Section 24). |
| Which date does the term count from? | The date of filing the application. The registration takes effect from that date, and it is deemed the date of registration (Section 11(1)). |
| When can I renew? | The Registrar renews the registration for further 10-year periods on the owner's application in the prescribed form, counted from the expiry date. The prescribed time for filing is set in the Regulations (Section 24(2)). |
| Is there a grace period? | The Act gives no fixed grace period in the text we reviewed. If a mark is removed for failing to renew, the owner can apply within 1 year after removal to restore it, unless it was not used in the 3 years before removal. For 6 months after removal the old mark is treated as still on the Register against new applications (Section 24(3) to (5)). |
| Opposition period | Any person can give notice of opposition to the Registrar within 30 days from the date of advertisement of the application in the Gazette and a newspaper, with the grounds. The applicant has 30 days to send a counter-statement or is treated as abandoning. The Registrar decides within 30 days of the hearing (Sections 9 and 10). |
| Reply to an office action | The Registrar decides on an application within 30 days of receiving it: accept, accept with conditions, or refuse. If registration is not completed within twelve months because of the applicant's default, the application can be treated as abandoned (Sections 7 and 11). Decisions can be appealed to the Appeals Tribunal within 30 days. |
| Priority claim | The Act gives effect to the Paris Convention, which gives 6 months of priority for trademarks. We confirm the exact claim procedure in the Regulations before filing. |
| Non-use | On application by any interested person, the Registrar can remove a mark from the Register if it has not been used in relation to the goods or services for a continuous period of 5 years after registration (Section 25). |
| Assignment | A registered trademark can be assigned and transmitted, and the assignment is registered in the Register (Sections 20 to 22). A licensee can assign only with the registered owner's permission. |
Who can register a trademark in Malawi
Any person can apply, directly or through a trademark agent. The application includes a declaration of use or intention to use the mark (Section 7).
Representation. Where the applicant's ordinary place of residence or principal place of business is outside Malawi, the applicant must be represented by a trademark agent resident and entitled to act as such in Malawi (Section 74(2)).
Trademark registration process in Malawi
Search
- Search the the Registrar of Trademarks (Registrar General's Department, Malawi) records for identical or similar marks in your classes.
File the application
- File with the the Registrar of Trademarks (Registrar General's Department, Malawi), through your Malawian trademark agent.
- Claim priority at filing if you filed abroad recently.
Examination
- The office examines the application and tells you in writing if there is a problem. We reply within the time set in the notice.
Publication and opposition
- An accepted application is published.
- After acceptance, the application is advertised and anyone can oppose within 30 days (Section 10).
Registration
- If there is no opposition, or it fails, the mark is registered and a certificate is issued.
Official fees are set by the the Registrar of Trademarks (Registrar General's Department, Malawi) and change. We confirm the current fee for your classes before we quote, so the figure you see is the one that applies on the day.
Malawi trademark validity and renewal
- The term is 10 years from the filing date.
- Renew in the prescribed form and time.
- If the mark is removed for failure to renew, apply within 1 year to restore it.
- Use the mark in Malawi to avoid removal after 5 continuous years.
Diarise the expiry date from the date stated on your certificate and renew early.
Assignment, licence and changes to a Malawian trademark
Assignment
Change of ownership
Assignments and transmissions are registered (Sections 20 to 22).
Licence
Licensing the mark
A licensee can assign or transmit only with the owner's permission.
Associated marks
Related marks
Use of an associated mark can count as use (Section 26).
Appeals
Challenging decisions
An appeal goes to the Appeals Tribunal within 30 days.
Non-use and cancellation of a Malawian trademark
Under Section 25, any interested person can ask the Registrar to remove a mark that has not been used for 5 continuous years after registration. The Registrar can restore a mark removed for non-renewal within one year (Section 24(5)).
Keep dated proof of use in Malawi: invoices, packaging, advertising and website pages that show the mark with the goods or services.
How to check a trademark in Malawi
Search the Register kept by the Registrar and the Gazette, where applications are advertised. The 30-day opposition period runs from advertisement.
Sources used
- Trademarks Act 2018 (Act No. 2 of 2018), English text of the Government Gazette of 2 February 2018: Sections 7, 9 to 11, 20 to 22, 24 to 26 and 74.
- Registrar of Trademarks, Malawi, and the Regulations for time limits and fees.
Malawi trademark FAQ
How long does a trademark last in Malawi, and from when?
10 years, renewable from time to time (Section 24). It counts from the filing date (Section 11(1)).
When should I renew a Malawian trademark, and is there a grace period?
The Registrar renews the registration for further 10-year periods on the owner's application in the prescribed form, counted from the expiry date. The prescribed time for filing is set in the Regulations (Section 24(2)).
What is the opposition period in Malawi?
Any person can give notice of opposition to the Registrar within 30 days from the date of advertisement of the application in the Gazette and a newspaper, with the grounds. The applicant has 30 days to send a counter-statement or is treated as abandoning. The Registrar decides within 30 days of the hearing (Sections 9 and 10).
How much does it cost to register a trademark in Malawi?
The official fee is set by the the Registrar of Trademarks (Registrar General's Department, Malawi) and changes. We confirm the current fee for your classes and quote the full cost before filing.
Can a foreign company register a trademark in Malawi?
Yes, but a foreign applicant must be represented by a resident Malawian trademark agent (Section 74(2)). We arrange this.
Can I assign a Malawian trademark?
A registered trademark can be assigned and transmitted, and the assignment is registered in the Register (Sections 20 to 22). A licensee can assign only with the registered owner's permission.
Can a Malawian trademark be cancelled for non-use?
On application by any interested person, the Registrar can remove a mark from the Register if it has not been used in relation to the goods or services for a continuous period of 5 years after registration (Section 25).
How can I check the status of a Malawian trademark?
Use the the Registrar of Trademarks (Registrar General's Department, Malawi) register and check the publication, registration and renewal dates.
Can I claim priority from my home country?
The Act gives effect to the Paris Convention, which gives 6 months of priority for trademarks. We confirm the exact claim procedure in the Regulations before filing.
How do I change the owner's name or address?
Record the change with the the Registrar of Trademarks (Registrar General's Department, Malawi) so notices and renewal reminders reach the right address. Ask us for the current form.
Protect your brand in Malawi
SUPREMEiP® files trademarks worldwide through its network and checks every Malawian deadline against the law. Send us your mark and we will tell you the route, the deadlines and the cost.
