The ZAP Trademark Clash: How Paystack and a Crypto Platform Are Battling Over a Name
Recently, an interesting trademark battle has unfolded between two businesses named ZAP—one being an African cryptocurrency platform and the other a financial brand launched by Paystack. This all started when Paystack introduced its new ZAP product, prompting ZAP, the cryptocurrency platform, to challenge Paystack’s use of the name in court.
What makes this case particularly fascinating is that both companies had registered the name ZAP under different trademark categories, or "Classes" as they’re known in legal terms. ZAP, the cryptocurrency platform, had already trademarked the name under Class 35 (Advertising and Business services). Meanwhile, Paystack registered its ZAP product under Class 36 (Financial services). This distinction ultimately means that ZAP, the cryptocurrency platform, has no solid case against Paystack since both companies operate under separate classes.
Why This Should Matter to You
This trademark dispute is a valuable lesson for anyone looking to protect their business name. Nigeria has 45 trademark classes, and knowing which ones apply to your business is crucial to avoid any legal complications down the line. Classes 1 to 34 cover products, while Classes 35 to 45 cover services. If you're planning to trademark your business name or product, understanding these classes can help ensure that your intellectual property is properly protected.
Before you trademark, make sure you’re selecting all the relevant classes for your business. It's not something you should leave entirely to your lawyer—take the time to review and discuss all the necessary options. You don’t want to end up in a situation where someone else starts using your name because you missed an important class.
A Quick Note on Trademark Protection
It’s also important to remember that trademarks aren't permanent. There's a limited period of protection, so make sure you consult with your lawyer about how long the trademark will last and when it needs to be renewed.
Nigeria’s 45 Trademark Classes at a Glance
For those planning to trademark their business, here’s a complete breakdown of Nigeria’s 45 trademark classes:
Product Classes:
- Class 1: Chemical Products
- Class 2: Paint Products
- Class 3: Cosmetics and Cleaning Products
- Class 4: Lubricants and Fuel Products
- Class 5: Pharmaceutical Products
- Class 6: Metal Products
- Class 7: Machinery Products
- Class 8: Hand Tool Products
- Class 9: Computer and Software Products, Electrical and Scientific Products
- Class 10: Medical Instruments
- Class 11: Environmental Control Instruments (lighting, heating, cooling, cooking)
- Class 12: Vehicles and Products for locomotion (land, air, water)
- Class 13: Firearm Products
- Class 14: Jewelry Products
- Class 15: Musical Instrument Products
- Class 16: Paper and Printed Materials
- Class 17: Rubber Products
- Class 18: Leather Products (excluding clothing)
- Class 19: Non-metallic Building Materials
- Class 20: Furniture Products
- Class 21: Houseware and Glass Products
- Class 22: Ropes, Cordage, and Fiber Products
- Class 23: Yarns and Threads
- Class 24: Fabrics and Textiles
- Class 25: Clothing and Apparel Products
- Class 26: Lace, Ribbons, Embroidery, and Fancy Goods
- Class 27: Floor Coverings
- Class 28: Toys and Sporting Goods
- Class 29: Meat and Processed Food
- Class 30: Staple Food Products
- Class 31: Agricultural Products
- Class 32: Light Beverages
- Class 33: Wines and Spirits (excluding beer)
- Class 34: Smoker’s Products
Service Classes:
- Class 35: Advertising, Business, and Retail Services
- Class 36: Insurance and Financial Services
- Class 37: Construction and Repair Services
- Class 38: Communication Services
- Class 39: Transportation and Storage Services
- Class 40: Treatment and Processing of Materials
- Class 41: Education and Entertainment Services
- Class 42: Computer, Software, and Scientific Services
- Class 43: Restaurant and Hotel Services
- Class 44: Medical, Beauty, and Agricultural Services
- Class 45: Personal, Legal, and Social Services
The Key Takeaway
The ZAP trademark dispute serves as a timely reminder to anyone looking to protect their brand: make sure you're covering all the bases. Take the time to understand the trademark classes that are relevant to your business, and work closely with your lawyer to ensure all aspects are properly covered. By doing so, you'll avoid any potential legal issues in the future and safeguard your intellectual property effectively.
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