Comparative Guides
Welcome to Mondaq Comparative Guides - your comparative global Q&A guide.
Our Comparative Guides provide an overview of some of the key points of law and practice and allow you to compare regulatory environments and laws across multiple jurisdictions.
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Results: 4 Answers
Trademarks
7.
Enforcement and remedies for trademark infringement
7.1
What remedies are available against trademark infringement?
 
Zimbabwe
Border protection, interdict, seizure of counterfeit goods and damages.

For more information about this answer please contact: Brenda Kahari from B. W. Kahari Legal Practitioners
7.2
What remedies are available against trademark dilution?
 
Zimbabwe
The law does not specifically recognise dilution; however, depending on the circumstances, the remedies available will be the same as those for any trademark infringement action.

For more information about this answer please contact: Brenda Kahari from B. W. Kahari Legal Practitioners
7.3
Does the law recognise remedies against other harms to trademark rights besides infringement and dilution?
 
Zimbabwe
Yes: the common law action in delict of passing off.

For more information about this answer please contact: Brenda Kahari from B. W. Kahari Legal Practitioners
7.4
What is the procedure for pursuing claims for trademark infringement?
 
Zimbabwe
File an application with the IP Tribunal at the High Court or have a summons issued by the High Court.

For more information about this answer please contact: Brenda Kahari from B. W. Kahari Legal Practitioners
7.5
What typical defences are available to a defendant in trademark litigation?
 
Zimbabwe
  • Prior use: The mark was used by the defendant prior to registration of the plaintiff’s registration.
  • Removal for non-use: The mark has not been used by the owner for a continuous period of five years, calculated two months prior to filing of the action, and should thus be removed for non-use;
  • The registrar erred in registering the mark, as it is not distinctive or creative, but merely descriptive; or
  • The mark is being used in an entirely different, unrelated class of goods or services, which will cause no confusion for consumers.
For more information about this answer please contact: Brenda Kahari from B. W. Kahari Legal Practitioners
7.6
What is the procedure for appealing a decision in trademark litigation?
 
Zimbabwe
A decision of the registrar may be appealed by filing a notice of appeal with the IP Tribunal. A decision of the IP Tribunal may be appealed by filing a notice of appeal with the Supreme Court.

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