Trademarks Law in Zimbabwe
Certainly! Here’s an overview of trademark law in Zimbabwe:
Trademark Law in Zimbabwe
1. Legal Framework
Trademark protection in Zimbabwe is governed by the Trade Marks Act [Chapter 26:01].
The Registrar of Deeds within the Ministry of Justice, Legal and Parliamentary Affairs oversees trademark registration and enforcement.
Zimbabwe is a member of several international treaties:
The Paris Convention
The Madrid Protocol (acceded in 2012)
The TRIPS Agreement
The African Regional Intellectual Property Organization (ARIPO) — Zimbabwe is a member state
2. Definition of a Trademark
A trademark includes any sign capable of distinguishing goods or services of one trader from those of others.
This can include words, logos, symbols, shapes, colors, sounds, or combinations.
3. Registration Process
Applications are filed with the Registrar of Deeds.
The process involves:
Formal examination for compliance.
Search for conflicting prior trademarks.
Publication in the Intellectual Property Journal for opposition purposes.
Opposition period (usually 2 months).
Registration if no opposition or after opposition is resolved.
Zimbabwe also accepts trademark applications via ARIPO’s Harare Protocol, providing regional protection.
4. Duration and Renewal
Trademark registration lasts for 10 years from the filing date.
Renewable indefinitely in 10-year terms upon payment of renewal fees.
5. Rights Conferred
Exclusive rights to use the trademark on the registered goods/services.
Right to prevent unauthorized use or infringement.
Rights to license, assign, or transfer the trademark.
6. Infringement and Enforcement
Trademark infringement includes unauthorized use likely to cause confusion.
Enforcement is through the civil courts.
Remedies include injunctions, damages, and seizure or destruction of infringing goods.
Criminal sanctions may apply for counterfeiting.
7. International Registration
Zimbabwe is a member of the Madrid Protocol, allowing trademark owners to seek protection via international registration designating Zimbabwe.
Zimbabwe is also a member of ARIPO, allowing regional trademark registration under the Harare Protocol.
Summary Table
| Feature | Zimbabwe Trademark Law |
|---|---|
| Governing Authority | Registrar of Deeds |
| Main Law | Trade Marks Act [Chapter 26:01] |
| Registration Term | 10 years, renewable indefinitely |
| Opposition Period | 2 months |
| International Filing | Madrid Protocol and ARIPO Harare Protocol |
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