Protecting your business in the digital age: Why Every Zimbabwean Start-up Needs a Trademark

FUNGAI CHIMWAMUROMBE AND JULITA MUSHATI

In today’s rapidly evolving digital age, safeguarding your business’s brand identity is more critical than ever.

 

The rise of online platforms and the prevalence of intellectual property infringement make trademarks a vital asset for any business. A trademark is a legal identifier for your products or services, distinguishing them from competitors. For Zimbabwean start-ups, securing a trademark is a strategic move and a legal safeguard that strengthens their market position and protects their intellectual property.

Why Register a Trademark?

While Zimbabwean law does not mandate trademark registration, the benefits are undeniable. Registering a trademark grants your business exclusive rights to use the mark about your goods or services, providing legal protection against unauthorized use. Without this protection, your business is vulnerable to competitors who may use a similar or identical mark. In such cases, you risk legal disputes, potential rebranding, and the loss of your established goodwill. Registering a trademark ensures that your business retains control over its brand identity and builds a legal foundation for growth.

Legal Framework for Trademarks in Zimbabwe

Zimbabwean trademarks are governed by the Trade Marks Act [Chapter 26:04] and the accompanying Trade Marks Regulations (2005). A registered trademark is protected for 10 years, subject to renewal, offering long-term security for businesses. While unregistered trademarks can seek protection through the common law remedy of “passing off,” this route is less certain and more difficult to enforce. The Competition Act [Chapter 14:28] also provides further protection against unfair business practices, reinforcing the need for start-ups to secure their intellectual property.

Legal Considerations for Trademark Registration

When embarking on the process of trademark registration, several key legal factors must be taken into account:

  1. Distinctiveness: To be eligible for registration, a trademark must be distinctive. It should identify the source of the goods or services, setting your business apart from competitors. Generic or descriptive terms, such as “Fast Cleaning Service,” cannot be trademarked, as they fail to create a unique association with your brand.
  2. No Likelihood of Confusion: A trademark must not be confusingly similar to an already registered mark. Ensuring that your mark is distinct from existing trademarks helps avoid disputes and strengthens your brand’s legal protection.
  3. Compliance with Legal Standards: Trademarks that are offensive, deceptive, or violate public morality are prohibited from registration. Additionally, marks incorporating national symbols such as flags or emblems cannot be registered under Zimbabwean law.
  4. Use in Commerce: A registered trademark must be actively used in the course of business. In Zimbabwe, if a trademark is not used within five years of registration, it is subject to cancellation. This requirement emphasizes the importance of aligning trademark registration with your actual business activities.

Trademark registration is a complex process, particularly for start-ups unfamiliar with the nuances of intellectual property law. Determining whether your mark is sufficiently distinctive, assessing potential conflicts, and navigating the registration process all require legal expertise. Engaging a lawyer ensures that your trademark application is properly handled from the outset, minimizing the risk of rejection or future legal disputes.

For Zimbabwean start-ups, a registered trademark is more than a symbol—it’s a legal shield that protects your brand in an increasingly competitive market. By securing your trademark, you not only protect your business today but also lay the foundation for future growth and success.

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

Julita Mushati is a legal intern at Zenas Consulting (Pvt) Limited and can be contacted for feedback on julita@zenaslegalpractice.com.

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