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Results: 4 Answers
Trademarks
1.
Legal framework
1.1
What is the statutory or other source of trademark rights?
 
Zimbabwe
The primary statute for trademark protection is the Trade Marks Act, Cap 26:04 as amended. A trademark owner may have rights in terms of the Competition Act, Cap 14:28, which prohibits unfair business practices. Common law further protects the owner of an unregistered mark against passing off by another.

For more information about this answer please contact: Brenda Kahari from B. W. Kahari Legal Practitioners
1.2
How do trademark rights arise (ie, through use or registration)?
 
Zimbabwe
Both. Zimbabwe follows the first to use doctrine. Therefore, if the owner of an unregistered mark has used that mark prior to filing of an application or registration by an applicant, that owner may file an opposition based on prior use once the application for registration of the mark is published in the Zimbabwe Patent and Trade Mark Journal. This action may be sustained only if the application for registration is not a familiar foreign mark (well-known mark); the latter does not need prior use or registration in order to be entitled to protection.

For more information about this answer please contact: Brenda Kahari from B. W. Kahari Legal Practitioners
1.3
What is the statutory or other source of the trademark registration scheme?
 
Zimbabwe
The Trade Mark Act governs the registration of trademarks and is implemented through the Trade Mark Regulations.

For more information about this answer please contact: Brenda Kahari from B. W. Kahari Legal Practitioners