A Trademark is a sign that individualizes the goods or services of a given enterprises and distinguishes them from those of competitors. An example of trademarks includes a word, logo, number, slogan, color, shapes, sound or a letter. Numerous small to medium enterprises are recognized by their trademarks. In Zimbabwe we have likes of JAH PRAYZAH, ZUVA, INNBUCKS etc.
However, many business owners tend to overlook an essential aspect of the law regarding a trademark. A lot of trademarks in Zimbabwe are not registered. Imagine if InnBucks had not registered its trademark and decided to do so only after becoming popular. Obviously, someone else might register it first, and if Innbucks wishes to then register a similar logo, they would find that theirs is already legally registered. They would then be left with no option but to choose another name and logo, or risk facing a lawsuit.
Trademark registration prevents other people from using a confusingly similar trademark in relation to the applicable goods or services. There are countless logos and slogans, each with its own meaning. It is crucial to register a trademark so that it can be protected. In Mutare, for instance, you will see many logos or brands styled SAMAZ, but you will notice that almost all of them are similar, yet owned by different business owners. Many of these logos/letters, if not all, are not registered trademarks. Trademark registration gives an exclusive right to prevent all third parties who do not have owner’s consent from using the course of trade, identical, similar signs for goods or services, which are identical or similar to that of a registered trademark.
A trademark can be protected worldwide. There are laws in place to ensure that a trademark is protected in almost all countries in Africa and globally. In Zimbabwe, we are fortunate to have numerous intellectual property law offices, including the Zimbabwe Intellectual Property Organization and the African Regional Intellectual Property Organization. Registering a trademark elevates a company’s corporate identity above that of its competitors.
The trademark registration is essential for any individual or business owner. The Intellectual Property area is a very broad and technical area and one may require assistance of a legal practitioner. It is therefore encouraged to see Intellectual Property lawyers for registration of trademarks.
