The current trademark regulations in Zimbabwe are mainly based on the Trademark Law, which came into effect on January 1, 1975 and was revised in 2001. The Intellectual Property Office is responsible for managing trademark affairs, and the official language is English. Trademark exclusive rights need to be obtained through registration. Trademark registration is not mandatory, but in order to protect the trademark or renew it, it must be registered in accordance with the law. The trademark registration in Zimbabwe adopts the principle of "use first".
Zimbabwe is a signatory to international intellectual property treaties such as the Paris Convention and the WIPO Convention, and a member of the Madrid Protocol. Therefore, trademark registration can be processed through "single country registration" or "Madrid International Registration".
At present, Zimbabwe adopts the Nice Classification 8th edition of product and service descriptions and does not accept applications for multiple categories in one form. The elements that Zimbabwe can register as a trademark include: text, name, graphics, 3D logo, color, number, sound, scent, hologram, dynamic trademark, etc.
If the applicant does not reside in Zimbabwe, they must entrust a specialized agent in their home country to handle the matter. Basic material requirements for trademark application:
1. Trademark design;
2. Specific categories and product/service items;
3. Power of attorney;
4. Name and address of the applicant;
5.If priority is declared, priority proof documents and corresponding translations must be provided.
The main process for applying for registration of a trademark in Zimbabwe is: application, acceptance, examination, announcement, approval, and issuance of a certificate.
The application will be accepted approximately one month after submission. The examiner will conduct formal and substantive examinations on the application. Formal review mainly examines whether the application requirements and classification information comply with regulations; The substantive examination includes the examination of the distinctiveness of the trademark, whether it violates the prohibition and prohibition clauses, and whether it conflicts with the prior trademark. If the examination fails, a rejection notice will be issued and the applicant will be required to respond within the time limit specified in the rejection notice. If the substantive examination passes, it will be arranged for public announcement. The objection period starts at 2 months, and any interested party or prior right holder may raise objections. The main reasons for raising objections are:
1. Conflict with prior trademarks, such as owning a prior registered trademark;
2. The trademark lacks distinctiveness;
3. The trademark has adverse effects;
4. Malicious registration;
5. Conflict with other prior rights, such as trade name rights, design rights, copyrights, personal names, etc.
If there are no objections or objections are not valid during the announcement period, registration can be approved and a registration certificate can be issued. In a smooth situation, trademark registration in Zimbabwe takes 12-18 months; If things don't go smoothly and there are objections or rejections along the way, the time will be greatly extended.
The trademark registration in Zimbabwe is valid for 10 years from the date of application; Renewal can be processed within 6 months before the expiration date, with a grace period of 3 years; The renewal is valid for 10 years.