Since Malawi is a signatory to the Banjul Protocol forming ARIPO, it is now possible to file an application through ARIPO.
Malawi recognises all 45 classes. Multi-class applications are not allowed.
Claims of priority in terms of the Paris Convention are allowed.
The Act allows the filing of certification and collective marks, as well as geographical indications.
As of 25 December 2018, the Madrid system will come into force in Malawi, allowing local and foreign clients to seek protection of its trade marks through the Madrid system.
The costs related to filing trade mark applications in Malawi are as follows:
- Trade mark search in relation to one trade mark (with limited report): USD116
- Filing First trade mark application (one mark in one class): USD671
- Second to fifth applications filed simultaneously: USD595 per mark per class
- Sixth to tenth applications filed simultaneously: USD524 per mark per class
- Eleventh and further applications filed simultaneously: USD372 per mark per class
- Claiming priority: USD65 per mark
- Attending to publication of advertisement: USD39 + disbursements (usually between USD15 and USD200, depending on size) per mark per class
- Sealing fees: USD69 per mark per class
- Costs to respond to official actions: time-based
What we need from you to file a trade mark application in Malawi:
- Certified copy of the English priority application (where applicable)
- Full name and physical address, and description of the applicant
- Goods and/ or services in respect of which the mark is to be protected
- Trade mark (if it is not a word mark, a representation thereof)
- Power of attorney (simply signed)
- Declaration of use or intention to use the mark as a trade mark
General Prosecution Information:
The trade mark application is examined to ensure compliance with all formal requirements and also to ensure that there is no prior conflicting trade mark on the register. The registry will issue an official action if there are further requirements or objections. The applicant has 30 days from the date of the official action within which to respond. Trade marks must be advertised after examination. The opposition period is 30 days from the date of publication.
Once registered, rights in a Malawian trade mark are backdated to the date of application. If Convention priority is claimed, then the priority date is deemed to be the date of application.
The trade mark is valid for 10 years (from the date of application or the priority claim date), and is renewable thereafter every 10 years.
- Costs to file application for renewal in relation to one mark (one class): USD310
- Costs to renew the second to fifth marks simultaneously: USD294
- Costs to renew sixth to tenth trade marks simultaneously: USD271
- Costs to renew eleventh and further trade marks simultaneously: USD147
Kindly note that all fees include official charges. These are not in our control and are subject to change.