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Results: 4 Answers
Trademarks
3.
Registration procedure
3.1
Which governing body (ie, trademark office) controls the registration process?
 
Zimbabwe
The Zimbabwe Intellectual Property Office (ZIPO), which is under the Ministry of Justice, Legal and Parliamentary Affairs.

For more information about this answer please contact: Brenda Kahari from B. W. Kahari Legal Practitioners
3.2
What fees does the trademark office charge for an application, during prosecution and for issuance of a registration?
 
Zimbabwe
The basic official fees are as follows:

  • $200 filing fee;
  • $5-plus charge per word of official publication; and
  • $80 for sealing the certificate of registration.

If the application must be associated with an existing application or registration, a $40 association fee is additionally payable for each application. Any amendments required are subject to a fee of $40.

For more information about this answer please contact: Brenda Kahari from B. W. Kahari Legal Practitioners
3.3
Does the trademark office use the Nice Classification scheme?
 
Zimbabwe
Yes. Zimbabwe is not a member of the Nice Agreement, but has incorporated the classifications in terms of the Eighth Edition of the Nice Agreement into its regulations. The registrar, however, will accept descriptions based on the later editions of the Nice Agreement.

For more information about this answer please contact: Brenda Kahari from B. W. Kahari Legal Practitioners
3.4
Are ‘class-wide’ applications allowed, or must the applicant identify the specific goods or services for which the mark will be used?
 
Zimbabwe
The applicant must identify the specific goods or services in terms of the Nice Agreement and can use various descriptions, so long as they are within the relevant class of goods or services as set out in the Nice Agreement. After describing some of the goods or services, the applicant may state ‘and all such goods (or services) within the class’, to ensure the broadest coverage.

For more information about this answer please contact: Brenda Kahari from B. W. Kahari Legal Practitioners
3.5
Must an applicant have a bona fide intention to use the trademark for the goods or services identified in the application in order to apply for registration?
 
Zimbabwe
The law simply states that the applicant must state in its application ‘intention to use’ in Zimbabwe.

For more information about this answer please contact: Brenda Kahari from B. W. Kahari Legal Practitioners
3.6
Does the trademark office perform relative examination of trademark applications (ie, searches for earlier conflicting marks)?
 
Zimbabwe
Yes.

For more information about this answer please contact: Brenda Kahari from B. W. Kahari Legal Practitioners
3.7
What types of examinations does the trademark office perform other than relative examination?
 
Zimbabwe
Substantive examination.

For more information about this answer please contact: Brenda Kahari from B. W. Kahari Legal Practitioners
3.8
Apart from confusion with a senior mark, descriptiveness and genericness, are there other grounds under which a mark is ineligible for registration, such as public policy reasons?
 
Zimbabwe
A mark may be ineligible if it is considered deceptive or against public policy. A mark further is prima facie not registrable if it comprises letters of the alphabet that do not form a pronounceable word or a series of numbers.

For more information about this answer please contact: Brenda Kahari from B. W. Kahari Legal Practitioners
3.9
Is there a separate or supplemental register on which descriptive marks may be registered?
 
Zimbabwe
Yes, in some instances the registrar may allow registration in Part B of the Trademark Register if he or she determines that the mark is capable of distinguishing goods or services.

For more information about this answer please contact: Brenda Kahari from B. W. Kahari Legal Practitioners
3.10
Can a third party object to registration of a mark before the application has been published (eg, by letter of protest to the trademark office)?
 
Zimbabwe
No. A third party can only oppose a registration within two months of publication in the Zimbabwe Patent and Trade Mark Journal. However, if the third party sends a letter of protest before the mark is published, the registrar may consider the points made in the letter if they are consistent with the Trade Mark Act and the Trade Mark Regulations, and may decide to raise an objection himself or herself against registration.

For more information about this answer please contact: Brenda Kahari from B. W. Kahari Legal Practitioners
3.11
Must the applicant use the trademark commercially in order to obtain a registration?
 
Zimbabwe
No, although it must have the intention to use it.

For more information about this answer please contact: Brenda Kahari from B. W. Kahari Legal Practitioners
3.12
How much time does it typically take from filing an application to the first office action?
 
Zimbabwe
Examination should take about four months to complete, but may take more time, depending on circumstances at ZIPO (e.g., staff shortages, equipment failure or lack of supplies).

For more information about this answer please contact: Brenda Kahari from B. W. Kahari Legal Practitioners
3.13
How much time does it typically take from filing an application to publication?
 
Zimbabwe
From filing to publication should take between six and eight months, but may take more time, depending on the circumstances at ZIPO (e.g., staff shortages, equipment failure or lack of supplies).

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