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.