Navigating Trademark Registration in Malawi

A Comprehensive Guide for Trademark Registration in Malawi will be presented in this article. Malawi is located in the center of East Africa, adjacent to Zambia, Mozambique, Tanzania and Zimbabwe. This location gives Malawi easy access to regional and international markets. Malawi has a relatively well-developed transportation system, including roads, railways, waterways, and airways. Malawi has a large area of arable land, a tropical climate suitable for many types of crops. Agriculture plays an important role in the economy, accounting for more than 30% of GDP and creating jobs for more than 80% of the population. Malawi has diverse mineral reserves, including bauxite ore, titanium, copper, cobalt, etc. The extraction and processing of minerals can bring a significant source of income to the country. Malawi has many rivers and lakes and abundant groundwater, facilitating the development of hydropower and irrigation agriculture. In order to attract domestic and foreign investment, the Malawi government is committed to creating a favorable investment environment for domestic and foreign enterprises. The Government has issued many tax incentives, reduced administrative procedures and supported businesses to invest in priority areas. To be able to distinguish your brand from other competitors, businesses need to pay attention to trademark registration procedures. Viet An Law would like to guide customers preliminarily through the procedure for trademark registration in Malawi through the article below.

Legal basis

• Trademark Law 2018 (Law No. 2 of 2018)

Definition of “trademark” in Malawi

A trademark in Malawi is a mark that distinguishes one business’s goods or services from another’s goods or services. This sign can be:

• Images: Words, letters, numbers, symbols, logos, or a combination of these.
• Non-visual: The sound, scent, or even shape associated with a particular brand (e.g., the characteristic shape of a Coca-Cola bottle).

Conditions for trademark registration in Malawi

Distinguish products/services

The trademark must be able to clearly distinguish your goods or services from those of another business. It must not confuse consumers about the origin of the product.

Ability to perform

The trademark must be able to be clearly and accurately expressed in the application. This means that you need to describe the brand visually or verbally in the correct way.

Do not violate the rights of third parties

Your trademark must not be identical or confusingly similar to a previously registered trademark of another third party. It must also not infringe any other intellectual property rights.

Not immoral or against the law

Trademarks must not contain content that is offensive, racist, immoral or violates Malawi law.

Trademark registration documents in Malawi

To register a trademark in Malawi, the applicant needs to prepare the following documents:

• Application form: The applicant downloads and completes the application form of the Department of the Chief Secretariat of the Ministry of Justice and the Constitution. The application must include information about:
  • Trademark owner
  • Trademark needs registration
  • List of goods or services for which the trademark is used
  • The country or region where the applicant wants trademark protection
• Trademark drawings: Drawings must clearly and accurately represent the trademark to be registered. Drawings can be submitted as digital drawings or hand-drawn drawings.
• Power of attorney (if applicable): If the applicant authorizes another person to represent the applicant during the trademark registration process, the applicant needs to submit a power of attorney.
• Registration Fee: The fee for registering a trademark in Malawi will depend on the quantity of goods or services listed in the application.

How to file a trademark application in Malawi

To file for trademark protection in Malawi, you can apply using the following filing methods:

• Direct Submission: You can go directly to the Office of the Chief Secretariat of the Ministry of Justice and Constitution at Fatima Arcade, Haile Selassie Road, P.O. Box 100 Blantyre, Malawi to submit your application and related documents.
• Send By Post or Email, Fax: You can send your application and all required documents via postal or courier service to the address at the Department of the Chief Secretariat of the Ministry of Justice and Constitution at Fatima Arcade, Haile Selassie Road P.O. Box 100 Blantyre,

Trademark registration in Malawi via ARIPO system

ARIPO (African Regional Intellectual Property Organization) is an intergovernmental organization providing intellectual property registration and protection services in 19 African countries.

Trademark registration dossier in Malawi via ARIPO system

A trademark registration dossier in Malawi through the ARIPO system includes the following documents:

Application Form: The applicant completes information about the trademark, owner, product/service, etc. on the ARIPO Form TM1 which can be downloaded from the ARIPO website.

Trademark image: The applicant needs to provide a clear image of the trademark with a minimum size of 5 cm x 5 cm and JPG, JPEG, PNG or TIFF format (if applying online)

List of goods/services: The applicant lists all goods/services for which the applicant wants trademark protection. The applicant needs to use the Nice Classification Table to classify goods/services.

Power of attorney (if applicable): If the applicant authorizes another person to represent the applicant during the registration process, a power of attorney is required.

Receipt of payment of fees

How to file a trademark application through the ARIPO system

 Trademark registration fee via ARIPO system

Trademark registration in Malawi through the Madrid System

The Madrid system is a convenient and cost-effective solution for global trademark registration and management. File a single international trademark application and pay a one-time fee to apply for protection in up to 130 countries. Claimants can modify, renew or expand their global trademark portfolio through a centralized system.

Madrid Protocol:

• Malawi accessed the Madrid Protocol on 25 December 2018.
• The Madrid Protocol modernizes and simplifies the international registration system of trademarks established under the Madrid Agreement.
• The Madrid Protocol allows trademark owners to designate additional member states to an international application already filed under the Madrid Agreement or Madrid Protocol.

Trademark registration dossier under the Madrid System

The Madrid Singles include the Madrid Singles of Vietnamese origin and the Madrid Applications with Malawi designations.

For the Madrid Application of Vietnamese origin, the applicant must submit through the state management agency for industrial property rights, i.e. the National Office of Intellectual Property of Vietnam. According to Article 25 of Decree 65/2023/ND-CP, a Madrid application of Vietnamese origin includes the following documents:

• Declaration of request for international registration of a trademark of Vietnamese origin (Form No. 01 in Vietnamese in Appendix II of Decree 65/2023/ND-CP);
• 02 MM2 declarations according to the form of the International Office in English or French;
• 02 trademark samples exactly as the trademark in the application filed in Vietnam (establishment application) or trademark registration certificate (establishment registration);
• 02 MM18 declarations in English (if the application has a US designation);
• Written authorization in Vietnamese (According to the form of Viet An Law Firm);
• Documents of payment of fees for international registration of trademarks of Vietnamese origin;
• Other relevant documents (if necessary).

Application fees through the Madrid System

The fees include:

• Basic fee (653 Swiss francs; or 903 Swiss francs for a color mark) (Note! A 90% discount applies if the applicant lodges an application with the Intellectual Property Office of a developing country at least); and
• Additional fees depend on where the claimant wishes to protect his trademark and the number of classes of goods and services he or she wishes to register. In order to expand its geographic reach, or modify or renew its international registration, the applicant will have to pay additional fees.

Trademark registration service in Malawi of Viet An Law – IP Firm

• Perform the search and notify you in writing the result of the trademark search in Malawi;
• Draft the dossier and directly file and monitor the status of the trademark application in Malawi on behalf of the trademark owner;
• Inform, advise and handle deficiencies/refusals of competent State agencies (if any) in the process of monitoring trademark applications in Malawi;
• Support follow-up, representative resolution of objections and feedback with intellectual property representatives performing procedures in Malawi.
• Receive dispatches, certificates and hand over to customers (if any).

If you want to file a trademark application in Malawi, or patent registration all over the world, please contact Viet An Law for the most effective support.