In Malawi, rights over a trademark arise from use: they belong to the person or company that first uses the mark in the country. To rely on an unregistered mark, that use should be substantial and longstanding.
However, in practice it is highly advisable to register your trademark. Registration helps:
- Establish a presumption of ownership in your favor.
- Prevent others from using the same or a similar mark or claiming it as their own.
- Strengthen your position in case of future disputes or infringement actions.
You can obtain protection:
- Through local registration before the Department of the Registrar General, Ministry of Justice and Constitutional Affairs in Malawi; and/or
- Regionally, via the African Regional Industrial Property Organization (ARIPO) under the Banjul Protocol, which allows one application to cover Malawi and several other African countries.
If you file a combined trademark (word + logo), your rights will cover the mark exactly as registered. If you want independent protection for the word alone or the figurative element alone, it is wise to file separate applications for those elements.