Zimbabwe: New IP court is a good match

Managing IP is part of Legal Benchmarking Limited, 1-2 Paris Gardens, London, SE1 8ND

Copyright © Legal Benchmarking Limited and its affiliated companies 2026

Accessibility | Terms of Use | Privacy Policy | Modern Slavery Statement

Cookies Settings

Zimbabwe: New IP court is a good match

The IP Tribunal in Zimbabwe, a specialised division of the High Court, handed down its first judgment recently in the matter of Lion Match Proprietary Limited v Lion Match Zimbabwe Limited IPT 01/16.

In this case, a very old South African company that makes matches and sells them under the trademark Lion had for many years used that trade mark in Zimbabwe. It eventually withdrew from Zimbabwe, thereby allowing its former Zimbabwean subsidiary to take over both the Zimbabwean trademark and the Zimbabwean business. After many years, however, the Zimbabwean company stopped trading, seemingly because of the tough economic conditions in that country. The company also allowed its trademark registration to lapse.

The South African company then re-entered the Zimbabwean market and when it applied to register the trademark in its name, the Zimbabwean company filed its own application. The registrar had to decide which application should prevail.

The registrar found for the Zimbabwean company, saying that its non-use had been justified by the harsh economic circumstances in that country. The court, however, reversed the decision. In the court's view it was relevant that the three-year period within which a lapsed registration can be restored had already expired. The Zimbabwean company's application had to be treated as a new one and the legal maxim "he has better title who was first in point of time" had to prevail. Therefore the South African company's application went through.

maguire.jpg

Duncan Maguire

Spoor & Fisher Jersey

Africa House, Castle Street

St Helier, Jersey JE4 9TW

Channel Islands

Tel: +44 1534 838000

Fax: +44 1534 838001

info@spoor.co.uk

www.spoor.com

more from across site and SHARED ros bottom lb

More from across our site

Boehringer Ingelheim has instructed a team from Kirkland, while Teva is being represented by Pinsent Masons
The Delhi High Court’s latest directions offer an opportunity to move beyond remedies against bad-faith registrations and address how suspicious applications are identified in the first place, says Fatima Baig at Lexlinc
Camilla Hamrin describes how the acquisition by Acapo Onsagers will impact Bergenstråhle’s trademark practice – and reflects on changes she has seen over 30 years in IP
On a recent trip to the French capital, we learned that the UPC is squeezing domestic litigation while firms are chasing senior talent, experimenting with AI and considering new ways of organising their practices
Daniel Law says a string of lateral hires and broader expansion plans will strengthen its position to capitalise on Brazil’s burgeoning IP and patent litigation market
Jason Raeburn’s arrival will expand the firm’s London footprint in AI, copyright and tech disputes
The firm is shaping its AI strategy around partnerships with Harvey and Legora alongside internally developed tools from its legal technology company, Eltemate
A dispute Down Under shows why trademark lawyers cannot afford to wait on the sidelines when a rival brand gathers momentum
The Third Circuit’s decision in Thomson Reuters v ROSS marks the first appellate-level decision addressing AI and fair use, prompting copyright counsel to consider arguments around potential licensing markets
Injunctions for HandsFree Labs and Align Technology come as the Court of Appeal warns that busy teams must have the staffing and resources to meet UPC deadlines
Gift this article