Trademark opposition in Zanzibar follows certain procedures and requirements outlined herein below:
1. Grounds for Trademark Opposition:
- Opposition can be based on various grounds, including:
- Similarity or identity to an earlier registered trademark.
- Lack of distinctive character.
- Descriptiveness of the trademark.
- Registration made in bad faith.
- Likelihood to deceive the public or cause confusion.
- Contrary to the law or prevented by law.
- Imitation of official signs or emblems without authorization.
2. Filing of Opposition:
- Any person can file an opposition to the registration of a trademark published in the Zanzibar Trademark Journal.
- The opposition is filed with the Registry of Trademarks where the trademark application is submitted.
- The notice of opposition must be given in writing and include a statement of the grounds for opposition.
3. Response to Opposition:
- The Trademark Office will send a copy of the notice of opposition to the applicant.
- The applicant must send a counter-statement of the grounds for the application within the prescribed time.
- Failure to respond may result in the abandonment of the application.
4. Decision and Appeals:
- After hearing the parties and considering the evidence, the Trademark Office will decide whether registration is to be permitted, subject to conditions or limitations.
- Either party aggrieved by the decision can appeal to the High Court.
5. Registration:
- If the application is accepted without opposition or the opposition is decided in favor of the applicant, the trademark will be registered.
- The registered trademark will be dated back to the application submission date.
Trademark opposition is a crucial step in protecting existing trademark rights and preventing conflicting trademarks from being registered. It is essential to comply with the procedures and deadlines set forth in the law to effectively oppose the registration of a trademark in Zanzibar. for more contact sunday@rive.co.tz