In Africa, the following countries have provisions for the
registration of defensive trade marks:
Kenya, Malawi, Namibia, Nigeria, Seychelles, Uganda,
Zambia and Zimbabwe.
Defensive registrations offer clear and certain rights to
well-known marks in connection with goods and services that the
trade mark owner does not sell but where confusion may arise should
a third party use that mark in connection with such goods and
services.
In Africa, defensive trade mark registrations can be very useful
in preventing third parties from attempting to register well-known
marks for goods and services in connection with which the
proprietor has no current intention of using the mark. It follows
that there is no requirement that the proprietor use the mark in
connection with the goods and services for which defensive
registration is secured.
Infringement proceedings brought on the basis of a defensive trade
mark registration should also be cheaper and more effective than
any alternative including passing off proceedings.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
