Trade Marks

What is a trade mark?
it is a distinctive sign or name, which identifies certain goods or services of  one producer from those of another.       

Registering a Trade Mark
Registration of a trade mark is done in accordance with the Trade Marks Act [chapter 26:04] and Trade Marks Regulations [2005].

  • First, an application for registration of a trade mark must be filed with the  national trade mark office, which in this case is the Zimbabwe Intellectual Property Office.
  • The application must contain 10 clear reproductions of the mark filed for registration, including any colours, forms, devices or three-dimensional features.
  • The application must also contain a list of goods or services to which the mark would apply. The mark must fulfil certain conditions in order to be protected as a trade mark or service mark.
  • It must be distinctive, so that consumers can distinguish it as identifying a particular product, as well as from other trademarks identifying other products. It must neither mislead nor deceive customers or violate public order or morality.
  • Finally, the rights applied for cannot be the same as, or similar to, rights already granted to another trademark owner.
  • This may be determined through search and examination by the Office, or by the opposition of third parties who claim similar or identical rights.

Examples of Trademarks

WHY REGISTER  A TRADE MARK  ?

  • Registration confers legal rights to the owner of the trade mark.
  • A trade mark allows the proprietor to authorize another to use it in return for payment [licensing].
  • Marketing  tool
  • Trade marks promote initiative and enterprise worldwide by rewarding the owners of the trademarks with recognition and financial profit..
  • Trade mark protection hinders the efforts of unfair competitors, such as counterfeiters, to use similar distinctive signs to market inferior or different products or services.
  • The system enables knowledgeable traders to produce and market goods and services in the fairest possible conditions, thereby facilitating international trade.
  • Trade marks can identify the commercial source of goods or services

How is a trademark registered at ZIPO ?

  • Lodge Form T.M 5, 10 identical logos & US$200.00 with ZIPO.
  • Search & examination is initiated after lodging of documents.
  • Applicant meets official objections if applicable.
  • Advertise mark in the Trade Marks Journal at a fee.
  • Opposition period of two months from date of advert.
  • Request for Sealing (US$80.00) within 2 months from date of advertisement.
  • Renew the trade mark after every ten years at the prevailing fees
  • Restore the mark within three years from date of  last renewal
  • Re-apply for the trade mark outside three years of restoration

NB. Registered trade marks can be assigned in part or outright to registered users upon agreed terms.
Goods specifications can also be changed during the lifespan of the trade marks

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