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TRADEMARKS What is a trademark?
A trademark is a distinctive letter, signature, name, label, numerical or any combination of these that is used to identify and distinguish goods of one person or enterprise, in the market place. The Trade Marks Act Cap 401 defines a trademark as ‘a mark used or proposed to be used in relation to goods for the purpose of indicating, or so as to indicate, a connection in the course of trade between the goods 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'. Under the Act, a mark may include a devise, brand, heading, label, ticket, name, signature, word, letter, numerical or any other combination thereof. Use of Trade Marks
As stated above, the principal function of a trademark is to identify the origin and thereby distinguish products from those of competitors. Thus, a trademark helps consumers to differentiate brands. In the case of mealie meal, for example, a trademark would assist a consumer identify the preferred mealie meal brand. Accordingly, a trademark can be a marketing tool and an instrument for communicating messages about products, technologies, cultures and individuals. A trademark, though an intangible asset, can also be used as collateral for sourcing loan finance. It can equally be an important asset in mergers and acquisitions, joint ventures, cooperative R&D agreements and licensing agreements. As technology becomes an increasingly important component of business, trademarks have further become a symbol of compliance with safety requirements and the fulfillment of technical specifications. The law applicable to Trade Marks
The principle law on trademarks in Zambia is the Trade Marks Act Cap 401 of the Laws of Zambia. It provides for registration of trademarks and matters incidental thereto. It is supplemented by Trade Mark Regulations, the Merchandise Marks Act Cap 405 and common law. In addition, international law in some conventions to which Zambia is party also applies. The Merchandise Marks Act provides for the marking of goods and, among others, criminalises forgery of trademarks as well as the possession of any facility (equipment, material etc) for forging trademarks. It also forbids the falsification of a trademark description. Click here on how to register a trademark
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