ICLG - Trade Mark Laws and Regulations 2022

19th February, 2022

Trade Marks
2022
11th Edition

The registration of a company name as a trade mark, in addi- tion to registration as a company name, gives exclusive rights to its use as a trade mark. However, the mere registration of a company name does not give exclusive rights to use of the name as a trade mark. A third party will not be prevented from regis- tering the company name as a trade mark, and the registered company would have no legal basis to prevent such registration (Celtel vs Star Search cited in question 2.6 above). There is no stat- utory protection in Zambia for all kinds of unregistered trade marks, including well-known marks (Three Angels Message vs The Registrar of Companies (HP 897 of 2014) [2014] ZMHC 166).
In relation to the use of a confusingly similar company name by a third party, however, the Zambia Companies Act does offer some protection. The Registrar will not approve a proposed company name that he believes may cause confu- sion in respect of another name or trade mark of a registered company or a well-known name or trade mark (Three Angels Message case cited above).