Beyond logos, names: The expanding scope of trademark protection

JULITA MUSHATI AND FUNGAI CHIMWAMUROMBE

Trademark law is far more complex than it appears at first glance.

While traditionally associated with protecting brand names, logos, and symbols, trademark protection extends to unconventional marks such as sounds, colors, scents, and slogans.

However, securing protection for these non-traditional trademarks is not straightforward, only marks that meet the eligibility criteria can successfully obtain trademark registration.

Understanding trademark protection

A trademark is a distinctive sign that identifies and differentiates the goods or services of one business from another. By its very nature, a mark must be distinctive, it should immediately signal a connection to a specific brand in the minds of consumers. Traditional trademarks include words, names, symbols, and logos, which are the most commonly registered marks worldwide. However, trademark law extends to non-traditional trademarks, including:

• Slogans – Short, memorable phrases that reinforce brand identity. For example, “Just Do It” (Nike) is instantly linked to sports and motivation, while “I’m Lovin’ It” (McDonald’s) is strongly associated with fast food advertising.
• Sounds – Unique auditory cues that consumers associate with a specific brand. For example the MGM Lion’s Roar is a registered trademark in the film industry.
• Colors – Specific colors that, through extensive use, become synonymous with a brand. Tiffany Blue (Tiffany & Co.) is exclusively used for luxury jewelry branding.
• Scents – Although rare, some jurisdictions allow scents to be trademarked if they are uniquely tied to a brand. For example, the distinct scent of Play-Doh has been successfully trademarked in the U.S. due to its strong association with the product

However, not everything can be trademarked. To qualify, the mark must:

• Be Distinctive – It must be strongly associated with a specific business.
• Demonstrate Long-Term Use – The brand must show a history of using the mark in commerce.
• Achieve Public Recognition – Consumers must immediately link the mark to the brand.

Trademark protection in Zimbabwe

Zimbabwe’s Trade Marks Act (Chapter 26:04) defines a trademark broadly, covering words, brands, labels, devices, and combinations thereof. While there is no explicit mention of color and sound trademarks, slogans qualify under the statutory definition of a “mark” in Section 1 of the Act. Although the protection of sound and color marks is not expressly provided for, trademarks that meet the eligibility criteria such as distinctiveness and strong association with a particular brand could, in principle, qualify for protection, as seen in other jurisdictions.

The evolving nature of trademark law reflects the growing importance of brand identity in modern commerce. As businesses seek to differentiate themselves, protection of non-traditional trademarks is becoming increasingly relevant. While non- traditional trademarks like color and sound marks are quite difficult  to prove for trademark protection, businesses with strong brand elements should explore avenues for securing their rights through both statutory and common law protections.

For businesses looking to register or enforce trademark rights, seeking legal guidance is crucial to navigating this evolving area of law

Julita Mushati is a legal intern at Zenas Legal Practice (Pvt) Limited and can be contacted on julitazenaslegalpractice.com and whatsapp 0772306088

Fungai Chimwamurombe is a registered legal practitioner and Senior Partner at Zenas Legal Practice and can be contacted at fungai@ zenaslegalpractice.com