Zimbabwe

General Information

• Capital: Harare
• Population: 11.2 million
• Area: 390 759 km2
• Languages: English – official language. Shona, Ndebele
• Exports: Tobacco; gold; chromium; ferro alloys; cotton
• Imports: Machinery and transport equipment; chemicals; fuels
• Currency: Zimbabwean Dollar

Trade Marks

International Conventions

WIPO, WTO, Paris Union, Berne Union, member of ARIPO.

Requirements for Application

(a) Power of attorney, simply signed.
(b) Ten quality prints of the trade mark - device marks.

Classification

International classification of goods and services. A separate application is required for each class.

Procedure

Examination for registrability and for conflict with prior registrations/pending applications.

Opposition

Opposition may be lodged within two months following advertisement of the trade mark application.

Extension of the opposition period is possible at the discretion of the registrar. 

Use

Registration may be cancelled if the trade mark was registered without any bona fide intention to use the trade mark and there has, in fact, been no bona fide use of the trade mark up to the date one month before the date of the application for cancellation.

Registration may also be cancelled if there has been no bona fide use of the trade mark for a continuous period of five years and one month up to date of application for cancellation.

Authorised use by a third party cannot be relied on by the proprietor unless the user is recorded as a registered user. 

Duration and Renewal

A trade mark registration is effective for an initial period of ten years and, thereafter, renewable for like periods.

Licensing/Registered Users

Licensing is recognised. Recordation is required in order to be effective against third parties and for use to inure to the benefit of the owner.

The license agreement must provide for quality control by the licensor. 

Requirements

(a) Registered user agreement;
(b) Statutory declaration and statement of case;
(c) Power of attorney from the proprietor;
(d) Power of attorney from the user.

Assignments

Assignments are possible and may be made with or without goodwill of the business.

Requirements

(a) Deed of assignment;
(b) Power of attorney from the assignee.

Marking of Goods

Notice of registration by use of the legend ‘Registered Trade Mark’ or suitable abbreviation (eg. ‘Regd. Tm.’) or symbol ® optional.

Special regulations apply to the labelling of poisons, or preparations containing poisons. Pesticides are subject to specific labelling requirements and safety precautions must be shown.

Imported goods which contain any reference to a firm, place, town, district (whether in Zimbabwe or not) or country, require a statement of the true country of origin. There are prohibitions on goods bearing unauthorised emblems.

Special marking requirements for specific goods may be incorporated from time to time in the Merchandise Marks Act.

Patents

General

Patent protection is obtainable via a national filing. Zimbabwe is a member of the International Convention, WTO, ARIPO and PCT.

Patentable Subject Matter

An invention is any new and useful art, process, machine, manufacture or composition of matter which is not obvious, or any new and useful improvement thereof which is not obvious, capable of being used or applied in trade or industry.

The Registrar may refuse to grant a patent for an invention of which the use would be contrary to law or morality, or a substance used as food or medicine which is a mere mixture of known ingredients or of a process for producing such by a mere admixture. 

Filing Requirements

Neither legalisation nor notarisation of any document is required. A specification in English is needed.

Novelty

An invention is new if it has not been made available to the public anywhere in the world by means of written disclosure or by use or exhibition before the date of filing of the application or, before the priority date. A six months grace period before the application date or the priority date is provided for disclosure of the invention at an officially recognised exhibition.

Novelty of an invention is not destroyed by disclosure prior to the filing date or priority date without the patentee´s knowledge or consent, provided that the matter disclosed was derived or obtained from the patentee, the invention had not been used by the patentee or his predecessor in title in Zimbabwe prior to the filing date or priority date, other than for the purpose of reasonable technical trial thereof, and the application was filed with reasonable diligence after learning of the disclosure. 

Examination

An application is subjected to formal Examination only.

Duration/Maintenance

Patents are granted for a term of twenty years from the date of filing subject to annual payment of renewal fees as from the third anniversary of the filing date.

Working

It is recommended that an invention is worked within three years of the date of sealing or four years from the date of the application, whichever is later, to avoid a compulsory licence.

Marking

Marking is not required, but is advisable.

Licences/Assignments

An exclusive licensee is explicitly allowed to sue for infringement. Where an assignment is not recorded within six months of its execution, no damages are recoverable for infringement committed between the date of the assignment and its recordal. In order to be effective against third parties or admissible in court, an assignment must be recorded.