Category: Legal Resources

TRADEMARK REGISTRATION

This is a means of protecting one’s intellectual property rights as they relate to their brand. A trademark is registered to provide the trademark holder protection under the law so that they can enjoy financial benefit that comes with the protection afforded by the law. A mark in terms of the Trademarks Act [Chapter 26:04] hereinafter referred to as “the Act” is defined as;

Section 2 of the Trade Marks Act defines a mark and trademark as

“mark”

includes a distinguishing guise, slogan, device, brand, heading, label, ticket, name, signature, word, letter or numeral or any combination thereof, whether rendered in two-dimensional or three-dimensional form

“trade mark”

means a mark which is used or proposed to be used in relation to goods or services for the purpose of—

(a)  indicating a connection in the course of trade between the goods or services and some person having the right, either as proprietor or as registered user, to use the mark, whether with or without any indication of the identity of that person; and

(b)  distinguishing the goods or services in relation to which the mark is used or proposed to be used, from the same kind of goods or services connected in the course of trade with any other person; but does not include a certification mark;

Trademarks give customers the ability to make swift, sure, and secure purchasing decisions by creating competition that stands to benefit the consumers. To put it another way, a trademark is any sign, term, name, logo, mark, design, or expression that is legally registered to represent a good or goods, service, or company. A trademark is registered to establish and distinguish one’s products and or services apart from others (competitors). Trademarks assist consumers to tell apart certain products and services through the brand.

WHY IS IT IMPORTANT TO REGISTER A TRADEMARK?

  1. It protects one’s brand such that in the event that someone uses your logo or brand name, you can pursue legal action against them.
  2. Others are prevented from using your trademark for their products. It is the norm that when registering a mark it must be taken into account that it is not similar to another mark to the extent that they cause confusion to the consumer, and they are not able to tell the products or services

REGISTRATION

Registration of the trademark can be done at either the Zimbabwe Intellectual Property Office (ZIPO) or the African Regional Intellectual Property Office (ARIPO).

The process of registration entails:

  1. A trademark search that starts of the process.
  2. Classification of goods and or services (using the classes provided to see which classes the goods fall into).
  3. Submission of the application at the appropriate office.
  4. Examination takes place.
  5. Acceptance of the mark by the relevant office.
  6. Advertisement of the mark.
  7. Period for opposition of registration of trademark.
  8. Trademark registered.

Once registration has been successfully completed, you have the exclusive right to use that mark or name to the exclusion of third parties. Get in touch with your designated agents for the registration of trademarks and enjoy the benefits and protection.

This has been published for general information purposes only – get in touch with a Lawyer.

NEW MARRIAGES ACT- FAQs

Q: WHEN DID THE MARRIAGES ACT [CHAPTER 5:17] COME INTO EFFECT ?

A: The Marriages Act [Chapter 5:17] came into effect on the 16th of September 2022 through the proclamation in SI 164/2022.

Q: IS A CIVIL PARTNERSHIP A MARRIAGE?

A: No. It is a relationship between a man and a woman that are above the age of 18 and have satisfied the requirements laid out in terms of Section 41 of the Marriages Act [Chapter 5:17] .

Q: CAN A HUSBAND OR WIFE IN A CIVIL MARRIAGE PARTAKE IN A CIVIL PARTNERSHIP?

A: Yes – Spouses that are married in terms of the laws of the country can engage in a civil partnership.

Q: CAN A MARRIED PERSON THAT HAS A CIVIL PARTNER BE ARRESTED FOR BIGAMY?

A: No. A party to a civil marriage can engage in a civil partnership and they are not guilty of committing the crime of bigamy, as a civil partnership is not a marriage hence no crime has been committed. Section 41(6) of the Marriages Act [Chapter 5:17];

(6) It is here provided that, by virtue of the partners dissolving their civil partnership, neither of them shall be deemed to be guilty of bigamy contrary to section 104 of the Criminal Law Code if either of them is legally married to someone else.

Q: CAN MY SPOUSE’S CIVIL PARTNER CLAIM THE PROPERTY THAT I OWN IF I AM LEGALLY MARRIED?

A:  The only property shared is that which was acquired by the civil parties during the subsistence of the relationship. Matrimonial property owned by one’s spouse shall not be shared by a civil partner. The Court, when making its order with regard to property sharing upon dissolution of the civil partnership, takes into account the rights and interests of the spouse of the civil partner. Section 41(5) of the Marriages Act states that

(5) Where one of the persons in a civil partnership is legally married to someone else (hereinafter called the “spouse of the civil partner”), a court applying sections 7 to 11 of the Matrimonial Causes Act [Chapter 5:13] to the division, apportionment or distribution of the assets of the civil partnership shall pay due regard to the rights and interests of the spouse of the civil partner and ensure that its order shall not extend to any assets which are proved, to the satisfaction of the court, to be assets properly belonging to the spouse of the civil partner.

 

This is for general information only – please contact a Lawyer for your questions.

 

CIVIL PARTNERSHIPS

Since the enactment of the Marriages Act [Chapter 5:17] hereinafter referred to as “the Act”, there have been mixed views on the interpretation and meaning of a civil partnership amongst the general public. This article seeks to define what it is and highlights the prerequisites of such a relationship.

A civil partnership is defined in section 41 of the Act, as:

(1) A relationship between a man and a woman who—

(a) Are both over the age of eighteen years; and

(b) Have lived together without legally being married to each other; and

(c) Are not within the degrees of affinity or consanguinity as provided in section 7; and

(d) Having regard to all the circumstances of their relationship, have a relationship as a couple living together on a genuine domestic basis; shall be regarded as being in a civil partnership for the purposes of determining the rights and obligations of the parties on dissolution of the relationship and, for this purpose, sections 7 to 11 of the Matrimonial Causes Act [Chapter 5:13] shall,with necessary changes, apply on the dissolution of the relationship.

There are aspects that are taken into account when looking at the existence of a civil partnership. The court takes into account the factors listed below when making its determination on whether a civil partnership existed, including:

  • the duration of the relationship;
  • the nature and extent of their common residence;
  • whether a sexual relationship exists;
  • the degree of financial dependence or interdependence, and any arrangements for financial support, between them;
  • the ownership, use and acquisition of their property;
  • the degree of mutual commitment to a shared life;
  • the care and support of children;
  • the reputation and public aspects of the relationship.

It should be noted that a civil partnership is NOT a marriage but rather a relationship respected in terms of the laws of the country for purposes of sharing property upon its dissolution and maintenance where it applies.

This is for general information purposes – seek the advice of your Lawyer