Zimbabwe

Trade Mark

Forms part of

Yes
ARIPO
No
OAPI
Yes
MADRID
Yes
SERVICE CLASSES
NA
NICE CLASSIFICATION

8th edition

Yes
WELL-KNOWN TRADE MARKS RECOGNISED?

OAPI

ARIPO

International Arrangements

Zimbabwe is a party the Madrid System for International Registration of trade marks, the African Regional Intellectual Property Organisation (ARIPO) and the Paris Convention for Protection of Industrial Property. It is possible to claim priority under the Paris Convention.

Classification

Zimbabwe follows a single class filing system and recognises both goods and services classes in terms of the 8th edition of the Nice Classification.

Registration Procedure

The total time from filing to registration is approximately 16 months. Trade mark applications are examined for compliance with formal and substantive requirements and are published in the official gazette after acceptance. Trade marks may be opposed within 3 months from the date of publication.

Common Law and Well-Known Trade Marks

Well-known trade marks in terms of the Paris Convention and common law trade marks are recognised in Zimbabwe.

Duration of Registration, Renewal and Non-Use

Trade mark registrations are valid for 10 years from the date of filing and may be renewed indefinitely for 10-year periods thereafter.

A registered trade mark may be cancelled on action by an interested party if it has not been used for a continuous period of 5 years after the date of registration.

Customs Recordal

Customs recordals are possible.

Patent

Forms part of

Yes
ARIPO
No
OAPI
Yes
PARIS CONVENTION
Yes
PCT

OAPI

ARIPO

International Arrangements

Paris Convention; 
ARIPO (Harare Protocol);
PCT and
WTO/TRIPS.

Types of Patents

Patents for inventions; and
Patents of addition.

Novelty Requirements

An invention is new if, before the effective date of the application, the

invention was not –

  • known or used in Zimbabwe by anyone other than the applicant or the person or persons from whom he derived his title (secret knowledge is excluded)
  • worked in Zimbabwe otherwise than by way of reasonable technical trial or experiment by the applicant or the persons from whom he derived his title
  • described in a patent specification available to public inspection
  • described in writing or in any other way in any publication in or outside Zimbabwe
  • claimed in any complete specification in Zimbabwe which, though not open to public inspection, has an earlier effective date.

Grace Period/Prior knowledge

Novelty of an invention is not destroyed by disclosure prior to the filing date of the application or convention 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 procedure

Patent applications are examined as to compliance with formal requirements. 

Duration & Maintenance

A patent is valid for 20 years calculated from the filing date or international filing date, subject to payment of annual renewal fees. A six-month grace period is available (subject to surcharges). Renewal fees are payable and are calculated from the first anniversary of filing. A six months grace period is provided for payment of renewal fees, subject to payment of surcharges. If a renewal fee is not paid within this period, the patent lapses.

Working Requirement

Patent must be worked within four years from date of filing or three years from date of grant, whichever period expires last. A compulsory licence may be granted if patent is not worked.

Design

Forms part of

Yes
ARIPO
No
OAPI
Yes
PARIS CONVENTION

OAPI

ARIPO

International Arrangements

Paris Convention;
ARIPO (Harare Protocol); and
WTO/TRIPS.

Types of Designs

Industrial design means features of shape, configuration, pattern or ornamentation applied to an article by any industrial process or means, being features which in the finished article appeal to and are judged solely by the eye, but does not include a method or principle of construction or features of shape or configuration which are dictated solely by the function which the article to be made in that shape or configuration has to perform.

Classification

No provisions.

Novelty Requirements

In order to be registrable, a design must be new or original. A design is deemed

to be new or original if, before the effective date, the design was not –

  • known or used in Zimbabwe by any other person (secret knowledge or use being excluded);
  • described or illustrated in a publication inside or outside Zimbabwe;
  • registered in Zimbabwe; and
  • the subject of a pending application with an earlier effective date and subsequently registered in Zimbabwe.

Grace Period/Prior knowledge

Novelty is not destroyed by confidential disclosure of the design by the proprietor, by disclosure in bad faith by a third party, by acceptance of a first confidential order for goods bearing the design, or by communication of the design to authorised government personnel. Display of the design at an officially recognised exhibition does not destroy novelty, provided the applicant notifies the Registrar in advance and application is made before or within six months of the opening date of the exhibition.

Examination procedure

Design applications are examined as to compliance with formal requirements and substantive examination may be conducted in respect of novelty and originality of the design.

Duration & Maintenance

An industrial design endures for an initial period of ten years and may be renewed (on application) for one further five-year term.

Working requirement

Designs must be worked – may be subjected to compulsory licencing if not worked.