Trademarks: Zimbabwe

General Information

International Agreements : Paris Convention, Lisbon Act and ARIPO.

Classification : Nice Classification (8th Edition); Single-Class filing.

What is Registrable : Trademarks, Service Marks, Collective Marks and Defensive Marks.

What is Not Registrable : 

  1. A trademark upon which any of the following appears: the word or words "Patent", "Patented", "Registered", "Registered Design", "Copyright", "To counterfeit this is a forgery" or words to like effect. 
  2. The words "Red Cross" or "Geneva Cross". 
  3. Any representation of the Geneva or any other cross in red or in a similar color.
  4. Any representation of the coat of arms or public seal or flag of Zimbabwe. 
  5. Any word, letter or device calculated to lead persons to think that the applicant has the patronage or authorization of the president, the state or the government.

Priority under Paris Convention : Yes

Examination : Yes - rigorous examination both formal or anteriorities.
Publication : Yes
Opposition : Yes – within 2 months as of publication date
Time Frame for Registration : 12 months
Registration Term : 10 Years from filing date or priority date (if claimed).
Renewal Term : 10 Years
Grace Period for Renewals : within one months (following advertisement of non- payment of renewal fees) after expiration date with fines.

Use Requirement for filing : None

Cancellation : Yes – if the mark was not used for a continuous period of five years or longer while it was a registered mark.

Marking Requirements : Optional

Assignments - Must Assignments be recorded ? Yes
Can pending applications be Assigned ? Yes

Licenses - Must Licenses be recorded ? Yes
Can pending application be Licensed ? No – only registered marks.

Important Notes : 

Re-filing of identical trademarks are permitted under these circumstances: 

  1. The mark has lapsed inadvertently for failure to renew and the three-year period for restoration has passed.
  2. The mark has lapsed intentionally and there is a subsequent change of mind (in this situation, restoration is not allowed). 
  3. It is desired to expand the goods/services specification. For a period of one year after the effective date of lapsing, the Registrar will cite a lapsed registration as a bar to progressing a new application. If re-filed in the same name, this is easily overcome whilst if filed in a name different from the original proprietor, then a simple letter of consent will overcome the objection.

 

Filing Requirements

Trademark/Service Mark Requirements

  1. Power of attorney, simply signed.
  2. 20 prints for all marks other than those printed in plain lettering. If marks are in colors to be claimed, then 15 color prints should be supplied.
  3. Certified copy of first foreign application, together with verified English translation, if Convention priority is claimed. This must be filed within three months of lodging the application.
  4. Advice as to (i) whether mark proposed is to be used or is being used and, (ii) when mark is in a language other than English, its English meaning and the language from which it is derived.

Assignment Recordal Requirements

  1. An original or certified copy of the deed of assignment.
  2. Power of attorney from the assignee simply signed.

Change of Name Requirements

  1. An original or certified true copy of the official change of name certificate issued by the Companies’ Registry.
  2. Power of attorney simply signed.

Change of Address Requirements

  1. A power of attorney simply signed.

 

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