UNREGISTRABLE

TRADEMARKS

 A trademark may be defined as a

word, phrase, symbol or design that
identifies and distinguishes the
source of goods of one party from
those of others.
The main law responsible for the
regulation of trademarks in Zambia is
the Trade Marks Act, Chapter 401 of
the Laws of Zambia.

 WHAT CAN BE REGISTERED AS A TRADE MARK ?

The following are registrable as trade marks:
An invented word or words.
A word or words having no direct reference to the character or
quality of goods.
Any other distinctive mark, which is not a geographical name or
surname.
Registration of a trade mark provides evidence of ownership and
various rights in relation to the trade mark.

 REQUIREMENTS FOR THE REGISTRATION OF

TRADE MARKS.
One of the requirements for the registration of trade
marks is that the trade mark must be appropriate, that is,
not contrary to public policy (law) or public morality.
Therefore, a trade mark that is contrary to public policy
or morality will be considered as an inappropriate trade
mark and thus will not be registered (unregistrable).

 DEFINITION OF UNREGISTRABLE TRADE MARKS

Unregistrable trade marks refer to signs and marks that do not meet the
requirements of the Trade Marks Act as such, cannot be registered as
trade marks.
One such requirement is that a trade mark must not be contrary to public
policy or public morality. In Zambia, section 16 of the Trade Marks Act,
Cap 401 provides that It shall not be lawful to register a trade mark or
part of a trade mark any matter the use of which would, by reason of its
being likely to deceive or cause confusion or otherwise be disentitled to
protection in a Court of Justice or would be contrary to law or morality or
any scandalous design.

 Examples of Trade Marks That Will Be Deemed Contrary to

Public Policy or Good Morals Include:
A mark that is likely to encourage crime, violence or terrorism, for
instance the term cocaine when used as a trade mark for hair
salons.
Marks containing or comprising profane matter. Profane means
to violate or treat with abuse or contempt something which is
sacred. Sacred means something which is entitled to reverence
and respect. Words that defile sexual and excretory functions such
as BITCH and BULLSHIT are regarded as profane.

 Sexual content
Marks imparting a sexual connotation may be regarded as
offensive and refused registration, depending on whether or
not the connotation is shocking. The more sexually explicit
the message, the more likely the mark will be refused
registration.
It is to be noted that the test here is not whether the sexual
connotation is obscene but whether the connotation would
cause offence. It is likely that a device mark depicting a
nude man and a nude woman kissing and embracing is
sufficient to render the mark offensive.

 Words or Symbols of religious significance

marks consisting of or comprising words or symbols of great
religious significance will face an objection depend on the goods or
services claimed for registration. For instance, a picture of Jesus
used as a trade mark for belts, clothes or scarves will not be
registered because the image of Jesus is holy for Christians.
In the case of Re Hallelujah Trade Mark (1976), the registration
of the mark Hallelujah in respect of articles of clothing for
women was not allowed as the word Hallelujah in respect of
clothing would offend some quarters of the public, that is,
Christians.

 Therefore, a trade mark has to be assessed

morally under current standards as not to cause
offence to anyone or any segment of the
populous.
THANK YOU.