Zimbabwe - IP Case Study - trade mark prosecution: pre-filing Searches

An Italian company applied to register a trade mark for the name of its pasta sauce. The application was filed on a ‘proposed to be used’ basis because the company had not yet started importing its trade marked goods into Zimbabwe. The Zimbabwe national IP office examines trade mark applications to check if they comply with the law and that they are not in conflict with the prior rights of other proprietors.

After its initial examination, the IP office objected to the registration of the Italian company’s trade mark on two grounds.

1. The trade mark was likely to cause confusion in the market with the name of a registered local
   company.
2. The image (device) that was included in the trade mark was similar to that of a trade mark of
   another trade mark proprietor for similar goods.