The short answer
A Zimbabwean trade mark is registered for 10 years and renewed for further 10-year periods. The registration date is deemed to be the date of the application. A 6-month grace period applies for late payment of the renewal fee, and a removed mark can be restored within 3 years. A mark can be removed after 5 years or more of no bona fide use. The opposition period is prescribed and is reported as 2 months from advertisement.
Trademark deadlines in Zimbabwe at a glance
These rules come from the Trade Marks Act [Chapter 26:04], in the English text published on the ARIPO website (member-state laws) with amendments including Act 10 of 2001. Time limits such as opposition are set by the Trade Marks Regulations 2005, so we confirm them with ZIPO before filing.
| Question | Answer |
|---|---|
| How long does a trademark last? | 10 years, renewable from time to time for 10 years from the expiry of the last registration (Section 24). |
| Which date does the term count from? | The date of the application. A mark is registered as at the date of the application, and that date is deemed the date of registration (Section 23(1)). |
| When can I renew? | The proprietor renews in the prescribed manner and within the prescribed period. The Registrar sends a notice of the expiry date and the conditions at the prescribed time before expiry (Section 24(2) and (3)). |
| Is there a grace period? | Yes. A period of grace of 6 months is allowed for the late payment of the renewal fee (Section 24(3), inserted by Act 10 of 2001). After removal for non-payment, the proprietor can apply within 3 years to restore the mark with a declaration of bona fide use or reasons for none (Section 24(5)). |
| Opposition period | Any person can give notice of opposition to the Registrar within the prescribed time from the advertisement of an accepted application. Guides report the period as 2 months from publication, so we confirm it from the current Regulations (Section 22). |
| Reply to an office action | The Registrar may refuse an application or accept it with conditions. An appeal lies to the Tribunal. If registration is not completed within 12 months of the application because of the applicant's default, the Registrar may treat the application as abandoned after notice (Sections 21 and 23(3)). |
| Priority claim | The Act provides for Convention arrangements in Section 97, which give priority for applications filed in a Convention country, usually 6 months from the first filing. We confirm the priority rules before filing. |
| Non-use | A registered mark may be removed on application by a person aggrieved, to the Tribunal or the Registrar, if there was no bona fide intention to use it and no use up to one month before the application, or if a continuous period of 5 years or longer passed with no bona fide use. Special circumstances in the trade, such as Government action, do not count as non-use (Section 31). |
| Assignment | A registered trade mark is assignable and transmissible, with or without the goodwill of the business, subject to the Act. The person becoming entitled applies to register the title under Section 29, and the registered proprietor has power to assign (Sections 27 and 28). |
Who can register a trademark in Zimbabwe
Any person claiming to be the proprietor of a trade mark used or proposed to be used can apply, directly or through an agent. Registration is in Part A or Part B of the Register, and is for particular goods or services (Section 7).
Representation. A foreign applicant needs an address for service in Zimbabwe and normally acts through a registered trade mark agent, who is a person ordinarily resident in Zimbabwe (Sections 58 to 61 and the Regulations). We confirm the current rules and file through a local agent.
Trademark registration process in Zimbabwe
Search
- Search the the Registrar of Trade Marks (Zimbabwe Intellectual Property Office, ZIPO) records for identical or similar marks in your classes.
File the application
- File with the the Registrar of Trade Marks (Zimbabwe Intellectual Property Office, ZIPO), through your Zimbabwean trade mark agent.
- Claim priority at filing if you filed abroad recently.
Examination
- The office examines the application and tells you in writing if there is a problem. We reply within the time set in the notice.
Publication and opposition
- An accepted application is published.
- After acceptance, the application is advertised and anyone can oppose within the prescribed time (Section 22).
Registration
- If there is no opposition, or it fails, the mark is registered and a certificate is issued.
Official fees are set by the the Registrar of Trade Marks (Zimbabwe Intellectual Property Office, ZIPO) and change. We confirm the current fee for your classes before we quote, so the figure you see is the one that applies on the day.
Zimbabwe trademark validity and renewal
- The term is 10 years, counted from the application date as the deemed registration date.
- Renew in the prescribed manner within the prescribed period.
- A 6-month grace period allows late payment of the renewal fee.
- A removed mark can be restored within 3 years on application.
Diarise the expiry date from the date stated on your certificate and renew early.
Assignment, licence and changes to a Zimbabwean trademark
Assignment
Change of ownership
Register the title under Section 29. The proprietor can assign with or without goodwill (Sections 27 to 29).
Registered users
Licensing the mark
Section 33 provides for registered users.
Series marks
Related marks
Trade marks that resemble each other can be registered as a series (Section 26).
Certification marks
Certifiers
The Act has separate rules for certification marks.
Non-use and cancellation of a Zimbabwean trademark
Under Section 31, a person aggrieved can ask the Tribunal or the Registrar to remove a mark for non-use, for 5 years or longer without bona fide use. A Part A registration is taken as valid after 5 years, unless obtained by fraud or contrary to the Act (Section 16).
Keep dated proof of use in Zimbabwe: invoices, packaging, advertising and website pages that show the mark with the goods or services.
How to check a trademark in Zimbabwe
Search the Register kept by the Zimbabwe Intellectual Property Office and watch its Journal, where accepted applications are advertised. The opposition period runs from advertisement.
Sources used
- Trade Marks Act [Chapter 26:04], English text on the ARIPO website: Sections 16, 21 to 24, 26 to 29, 31, 33 and 97.
- Zimbabwe Intellectual Property Office (ZIPO) and the Trade Marks Regulations 2005 for time limits and fees.
Zimbabwe trademark FAQ
How long does a trademark last in Zimbabwe, and from when?
10 years, renewable from time to time for 10 years from the expiry of the last registration (Section 24). It counts from the registration date, which is the application date (Section 23(1)).
When should I renew a Zimbabwean trademark, and is there a grace period?
The proprietor renews in the prescribed manner and within the prescribed period. The Registrar sends a notice of the expiry date and the conditions at the prescribed time before expiry (Section 24(2) and (3)).
What is the opposition period in Zimbabwe?
Any person can give notice of opposition to the Registrar within the prescribed time from the advertisement of an accepted application. Guides report the period as 2 months from publication, so we confirm it from the current Regulations (Section 22).
How much does it cost to register a trademark in Zimbabwe?
The official fee is set by the the Registrar of Trade Marks (Zimbabwe Intellectual Property Office, ZIPO) and changes. We confirm the current fee for your classes and quote the full cost before filing.
Can a foreign company register a trademark in Zimbabwe?
Yes. We file through a registered Zimbabwean trade mark agent, who also serves as the address for service. We confirm the current rules for foreign applicants before filing.
Can I assign a Zimbabwean trademark?
A registered trade mark is assignable and transmissible, with or without the goodwill of the business, subject to the Act. The person becoming entitled applies to register the title under Section 29, and the registered proprietor has power to assign (Sections 27 and 28).
Can a Zimbabwean trademark be cancelled for non-use?
A registered mark may be removed on application by a person aggrieved, to the Tribunal or the Registrar, if there was no bona fide intention to use it and no use up to one month before the application, or if a continuous period of 5 years or longer passed with no bona fide use. Special circumstances in the trade, such as Government action, do not count as non-use (Section 31).
How can I check the status of a Zimbabwean trademark?
Use the the Registrar of Trade Marks (Zimbabwe Intellectual Property Office, ZIPO) register and check the publication, registration and renewal dates.
Can I claim priority from my home country?
The Act provides for Convention arrangements in Section 97, which give priority for applications filed in a Convention country, usually 6 months from the first filing. We confirm the priority rules before filing.
How do I change the owner's name or address?
Record the change with the the Registrar of Trade Marks (Zimbabwe Intellectual Property Office, ZIPO) so notices and renewal reminders reach the right address. Ask us for the current form.
Protect your brand in Zimbabwe
SUPREMEiP® files trademarks worldwide through its network and checks every Zimbabwean deadline against the law. Send us your mark and we will tell you the route, the deadlines and the cost.
