Zambia's trademark law is being modernised. New draft legislation has been published. Current legislation, namely "Trademark law" The first 401 chapter, Go back to 1958 years.

Recent case law

2023 years 1 A trademark case in October——Swiss Bake Limited v Monster Energy Company (Hereafter referred to as monster energy) case——The decision concerned well-known trademarks. Companies of Zambia Swiss Bake The application falls under Trademark Classification No 30 Class of cookies registered on "Amazon Monsta Creams" trademark. American company Monster Energy challenged the application.

The reason for the objection is that the monster energy early in Zambia in the first 5, 30 and 32 The class registered contains "Monster" The trademark of the word, Such as "Monster Rehab" . There's another reason "Monster" The trade mark is "Paris Convention for the Protection of Industrial Property" The first 6 Well-known trademarks as provided for in Article bis.

Monster Energy is known around the world under its trademark 20 Years of heavy use is based on, Also submitted on Formula One (Formula One) Mixed martial arts (UFC) Evidence of sports sponsorship. Monster energy claim, Consumers will be confused, "Amazon Monsta Creams" The application was made in bad faith.

sentence

Hearing officer finding Swiss Bake Carry the case, Said there was no possibility of confusion. One consideration was the lack of adoption of Zambian law "Paris Convention" The first 6 Article bis. Another consideration, A British ruling said, Similarity or dissimilarity cannot be determined by category alone. Relevant considerations include:

－Nature of commodity;

－Uses and users of goods;

－The degree of competition for goods; and

－Use of trade channels.

The hearing officer thinks, Candy and cookies are not similar to nutritional supplements in liquid form or non-alcoholic beverages such as tea, Because these goods do not have the same physical properties (One is a solid, The other is liquid) , They don't compete, And they don't appear on the same shelves in stores. (Be compiled from www. managingip. com)

TRANSLATORS: Rason group　proofread: Liu Peng

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