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MALAWI TRADE MARK APPLICATIONS AND CHARGES

 

Although Malawi is a signatory to the Bajul Protocol forming ARIPO, it has not yet incorporated the ARIPO provisions into its local legislation. It may therefore be worthwhile to file in Malawi separately from ARIPO.

Malawi only recognises the 34 goods classes. Multi-class applications are not allowed.

Claims of priority in terms of the Paris Convention are allowed.

Costs:
  • 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 each 
    • Sixth to tenth applications filed simultaneously: USD524 each
    • Eleventh and further applications filed simultaneously: USD372 each
  • Claiming priority: USD65
  • Attending to publication of advertisement: USD39 + disbursements (usually between USD15 and USD200, depending on size) per mark
  • Sealing fees: USD69
  • 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 in respect of which the mark is to be protected
  • Trade mark (if it is not a word mark, a representation thereof)
  • Original power of attorney (simply signed)

We prefer to submit the English specification when we file the application.  In urgent cases where no translation is available, we can submit the English specification up to two weeks after the South African filing date.

 
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.

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.

 
Renewal fees:

Trade marks must first be renewed 7 years from the date of the priority claim or application date. The renewal term is 14 years. Marks are renewed every 14 years thereafter for as long as clients are interested.

  • 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.