Zambia:
Unregistered Trade Marks Do Not Provide Grounds For Opposition
26 June 2012
Spoor & Fisher
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On 29 February 2012, the Supreme Court of Zambia announced that
a trade mark application in Zambia may not be opposed on the basis
of an earlier, similar, but unregistered trade mark; even if that
earlier trade mark is well-known.
This statement of the law ("the Zambian concept")
contrasts with the general principle held in numerous other
jurisdictions that in certain circumstances, marks are
unregistrable if they deceptively resemble existing but
unregistered trade marks. The Zambian concept was put forward by
the Registrar of Trade Marks in March 2009, in Opposition No.
111/2005 DAILY, Olivine Industries v D H Brothers Industries.
Click here for more details.
Proprietors and practitioners must note that Zambia, unlike most
Commonwealth and other jurisdictions, is now a
"first-to-file" country where an unregistered trade mark,
however well-known, cannot afford grounds for opposition
proceedings. It may still, however, be useful in an action
for passing-off.
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.
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