Registering a trademark in Zimbabwe is a strategic move for protecting your brand, but the process can be derailed by avoidable mistakes. Each year, many applications are rejected by the Zimbabwe Intellectual Property Office (ZIPO) due to oversights ranging from incorrect classifications to conflicts with existing marks.

Whether you’re a startup founder or a seasoned entrepreneur, understanding the most common trademark application mistakes can save you time, money, and frustration.

In this article, we break down the top errors that lead to trademark rejection in Zimbabwe, and how you can avoid them to ensure a smooth registration process.

1. Choosing a Non-Distinctive or Generic Trademark

One of the most frequent reasons for rejection is submitting a trademark that lacks distinctiveness. ZIPO will reject marks that are:

  • Generic terms (e.g., “Soap” for a soap brand)
  • Descriptive of goods/services (e.g., “Fast Delivery” for a courier service)
  • Common surnames or geographic names unless proven to have acquired distinctiveness

Tip: Choose a name or logo that is unique, creative, and not directly descriptive of your product or service. Fanciful or coined terms often have a higher chance of approval.

2. Filing in the Wrong Trademark Class

Zimbabwe uses the Nice Classification system, which organizes goods and services into 45 classes. Filing under the wrong class is a common error that can result in rejection or, worse, inadequate protection.

For example, applying in Class 25 (clothing) when you actually provide fashion retail services (Class 35) means your trademark doesn’t legally protect your core business.

Tip: Consult the classification guide or seek advice from an IP professional to ensure your application is filed in the correct class or multiple relevant classes.

Many applicants skip the preliminary search step and end up filing for trademarks that are already registered or too similar to existing ones. ZIPO is required to reject applications that may confuse consumers or conflict with earlier trademarks.

Tip: Always conduct a search through ZIPO’s database before applying. If your mark is too similar to another, consider modifying it to avoid rejection.

4. Submitting Incomplete or Incorrect Paperwork

ZIPO requires the accurate completion of Form TM1 and the submission of supporting documents such as:

  • A clear representation of the trademark (logo or word mark)
  • Class information
  • Applicant’s full details
  • Power of Attorney if using an agent

Mistakes like misspelled names, missing fields, or unclear trademark representations are grounds for rejection or delays.

Tip: Double-check all paperwork before submission, and make sure your trademark image or word mark is clearly presented in the format required by ZIPO.

5. Failing to Pay the Correct Fees

Each trademark application involves a filing fee per class. Submitting incorrect amounts or failing to provide proof of payment can result in administrative rejection.

Tip: Confirm the current ZIPO fee schedule before submission. If you’re filing in multiple classes, ensure that you’ve paid for each class individually.

6. Ignoring the Power of Attorney Requirement (When Using an Agent)

If you’re using a trademark attorney or agent to file on your behalf, ZIPO requires a Power of Attorney (PoA) to be attached to the application. Failure to include this document is a technical oversight that can delay or void the application.

Tip: Always include the Power of Attorney form, signed and dated, when an agent is acting on your behalf.

7. Not Responding to ZIPO Queries or Opposition

During the trademark application process, ZIPO may issue queries or objections. In addition, your mark may be opposed by third parties after publication in the Trade Marks Journal. Failure to respond or defend your application within the stipulated period leads to automatic rejection.

Tip: Monitor your application status and the Trademarks Journal after submission. Be prepared to respond within the 2-month opposition window and address any examiner objections.

8. Filing a Trademark That You’re Not Using

Zimbabwe’s trademark law requires that a registered trademark must be used in commerce. If you file a trademark that you don’t intend to use, it may be vulnerable to cancellation later for non-use.

Tip: Only apply for trademarks that are in current or planned use. If your business is in the early stages, ensure there’s a roadmap to commercialization.

Many Zimbabwean entrepreneurs believe that simply using a name or logo gives them exclusive rights. However, unless the trademark is registered, you do not have legal protection under the Trade Marks Act.

Tip: Do not delay trademark registration. Filing early protects your brand and provides legal standing in case of infringement or conflict.

Conclusion: Avoid the Pitfalls, Protect Your Brand

Trademark registration in Zimbabwe is a valuable investment, but even small mistakes in the application process can cost you the protection you need. By avoiding these common errors — from poor classification to incomplete forms — you can maximize your chances of success and secure your brand’s legal rights from day one.

Consider consulting a trademark attorney or experienced IP agent to help you navigate the process with confidence.