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Madrid Trade Marks

Zimbabwe acceded to the Madrid Protocol on 11 December 2014. The Protocol entered into force with effect from 11 March 2017. In an anomalous development, the implementing regulations for the operationalization of the Protocol only entered into force on 13 March 2017 through the Trade Marks (Madrid Protocol) Regulations, 2017 through Statutory Instrument 39 of 2017.

However, since these developments, there has been a strikingly disproportionate use of the Madrid trade mark system by foreign and Zimbabwean applicants as reflected in official filing statistics. By the end of March 2019, Zimbabwe had been designated in over 3 000 international applications and yet only two applications originated from Zimbabwe. This trend is mainly attributable to the country’s prevailing prohibitive economic circumstances which make the transmittal of filing fees from Zimbabwe almost impossible for various reasons.

Operational issues of the whole Madrid system aside, we offer the following services:

1

The preparation, filing, prosecution and registration of international trade marks.

2

We also assist with filing responses to official actions that are raised by the Zimbabwe Intellectual Property Office, ZIPO.

3

Renewal of international marks

4

Recordal of proprietor changes

5

General advisory work pertaining to operationalization and effect of Madrid trade marks within the framework of Zimbabwean law.

Fast facts on Madrid trade marks in Zimbabwe 

1

International trade marks are one of three ways in which to secure trade mark protection in Zimbabwe. They compete with regional (ARIPO) and national (ZIPO) trade mark trade mark registration systems.

2

Zimbabwe’s refusal period for Madrid trade marks is 18 months.

3

There had been no oppositions or cancellation proceedings filed in Zimbabwe in respect of Madrid trade marks by 31 March 2019. This trend is likely to continue for various reasons.

4

In effect, the main users of the system are international trade mark proprietors rather than local Zimbabwean trade mark proprietors. This trend is likely to continue until Zimbabwe’s prevailing economic challenges improve.

Address

2nd Floor, Block 6, Celestial Office Park, Borrowdale
Harare
Zimbabwe

Contacts

Email: info@samatt.co.zw
Phone: +263 242 886 313/6
Whatsapp: +263 772 910 770

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About samatt
Samuriwo Attorneys is a vibrant and client-oriented boutique law firm. We offer cost-effective and practical advice to clients in trade mark and other intellectual property matters.