WHY I NEED A TRADEMARK?

What is a trademark?

It is a distinctive sign or name, which identifies certain goods or services of one producer from those of another.       

Registering a Trademark

Registration of a trade mark is done in accordance with the Trade Marks Act [chapter 26:04] and Trade Marks Regulations [2005].

First, an application for registration of a trademark must be filed with the national trademark office, which in this case is the Zimbabwe Intellectual Property Office.

The application must contain 10 clear reproductions of the mark filed for registration, including any colours, forms, devices or three-dimensional features.

The application must also contain a list of goods or services to which the mark would apply. The mark must fulfil certain conditions in order to be protected as a trademark or service mark.

It must be distinctive, so that consumers can distinguish it as identifying a particular product, as well as from other trademarks identifying other products. It must neither mislead nor deceive customers or violate public order or morality.

Finally, the rights applied for cannot be the same as, or similar to, rights already granted to another trademark owner.

This may be determined through search and examination by the Office, or by the opposition of third parties who claim similar or identical rights.

Examples of Trademarks

Econet

Coca-Cola

Nestle

IMPORTANCE OF A TRADEMARK?

Registration confers legal rights to the owner of the trademark.

A trademark allows the proprietor to authorize another to use it in return for payment [licensing].

Marketing tool

Trade marks promote initiative and enterprise worldwide by rewarding the owners of the trademarks with recognition and financial profit.

Trademark protection hinders the efforts of unfair competitors, such as counterfeiters, to use similar distinctive signs to market inferior or different products or services.

The system enables knowledgeable traders to produce and market goods and services in the fairest possible conditions, thereby facilitating international trade.

Trademarks can identify the commercial source of goods or services

From the above it is good to register your trademark and M&J Consultants can assist along the way 

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