On March 24th, 2025, Paystack introduced “Zap by Paystack,” a mobile application designed to facilitate faster bank transfers for users in Nigeria. This move prompted a swift response from Zap Africa, which has operated under the “Zap” name since 2022, offering decentralised finance (DeFi) services that enable seamless cryptocurrency transactions. Zap Africa asserts that it holds the exclusive trademark rights to the “Zap” name in Nigeria.
Paystack further issued a cease and desist notice to Zap, affirming their position that the trademark was filed in the right categories some of which Zap Africa did not register their trademark in.
But, who do we identify as the wrong party in this case?
What is a Trademark?
A trademark is a distinctive sign that identifies a person, business or company’s goods or services, differentiating them from competitors. Registering a trademark provides legal rights that enable businesses to protect their brand names, logos, and slogans from unauthorized use. However, the scope of protection a trademark offers depends on several factors, including the country and the trademark class in which it is registered. Trademarks are organised under 45 different classes, which are basically categories of industries/activities/goods or services. You can see the list of 45 classes here. All countries use the same 45 classes.
Can anyone else register a similar trademark in my country once I register my own trademark?
Yes and No. No one is permitted to register a similar trademark in the same class, but anyone can register a similar trademark in another class.
One of the biggest misconceptions about trademark registration is the belief that securing a trademark in one class automatically prevents its use in every other class. However, the 45 trademark classes cover various industries and sectors depending on the proposed use of the trademark.
For example, if a business registers “Zap” in Class 1 (which covers chemical products for use in industry, science and agriculture, including those which go to the making of products belonging to other classes), that does not necessarily prevent another company from using “Zap” in Class 24 (which covers textiles and substitutes for textiles; household linen; curtains of textile or plastic).
This means that unless a company registers its brand across multiple classes, there may still be room for others to legally use the name in different industries.
This is why it is important for a business to register its trademark in as many classes of trademark as may be necessary for its business activities.
If another person can register the same mark, what’s the relevance of trademark registration?
Trademarks protect words and so are not intended to prevent people from using words. The aim of a trademark is to prevent misrepresentation in business activities. For instance, Power Energy should not prevent someone from registering a movie called Power, or a fashion brand called Power Fashion house. Trademark laws generally allow for the co-existence of similar or even identical marks as long as they do not cause confusion among consumers. However, this is where vigilance and proactive legal action come into play.
A trademark registration gives the owner priority over other persons intending to register a similar mark in THAT PARTICULAR CLASS. However, the priority is automatically conferred as a trademark owner must regularly monitor new applications and file oppositions where necessary. The trademark registration process often includes an opposition period, during which third parties can challenge a pending application. If a business fails to oppose a conflicting mark in time, it may lose its ability to prevent another entity from using a similar name.
What happens if two persons have trademarks registrations, which has priority?
Every trademark owner has priority over their own class if they first registered the trademark. That means that if two persons have conflicts over trademarks, the key question is what category does the activity relate to, and who has first registrations in that class. For example, Paystack owns the first trademark for Zap in the financial matters and monetary matters (Class 36), while Zap Africa owns the first trademark registration for Zap in the Information technology (class 42). That means Paystack has priority for activities in Class 36, while Zap Africa has priority for activities in Class 42.
In the event that Zap and Paystack take “legal steps” if Paystack can demonstrate that its use of “Zap” does not infringe on Zap Africa’s registered class, the company may be able to legally retain its branding. However, had Zap Africa registered across multiple relevant classes or filed an opposition early, that would have been a different question altogether.
It is also important to note that the first registration for Zap was as far back as 2015 and was for industrial oil, lubricants etc (Class 4) , and is owned by a different company entirely. .
What happens on the rare occasion that two persons have a similar trademark in the same class?
In some cases, the trademark registry sometimes inadvertently allows two persons to have trademark registrations in the same class. Usually, what happens is that when a person tries to register a trademark, the trademark registry allows anyone with a conflicting mark to oppose it. However, because most trademark owners are not monitoring their trademarks, they miss out on the opportunity to oppose the mark before it is registered.
This is why at Norebase, we offer trademark watch services that alert you when there is an attempt to register a similar trademark and also provide expert guidance on opposing such similar trademarks.
Also, during any trademark registration process, our first step for registering a trademark is to conduct an exhaustive search to confirm that there is no similar conflicting mark, as well as to advise customers if there is a conflict.
The legal position is that the first person to register a trademark in a category owns that trademark, and can enforce it in court or at that registry.
In what countries and categories can I get a trademark registration?
Norebase can help you register a trademark in EVERY COUNTRY IN THE WORLD and in the 45 classes which covers all businesses activities and goods. You can do that via our website: www.norebase.com or by speaking to our team at operations@norebase.com
Lessons for Businesses: Proactive Trademark Protection
- Register Your Trademarks Early and in Multiple Classes – To avoid disputes, businesses should identify all relevant classes for their brand and register their trademarks as comprehensively as possible.
- Monitor Trademark Filings and Take Action – Businesses must track new trademark applications and file oppositions when necessary to prevent unauthorised use of their brand names.
- Understand That Registration in One Class is Not Universal – A trademark registered in a single class does not automatically prevent others from using the same or a similar mark in a different industry.
- Seek Expert Guidance on Trademark Strategy – Companies should work with trademark specialists to navigate the complexities of intellectual property law and develop a robust protection strategy.
How Norebase Helps Businesses Protect Their Trademarks
At Norebase, we understand that trademarks are more than just legal assets—they are a business identity and competitive advantage. We provide a seamless and fully digital trademark registration process, allowing businesses to secure their brand names globally and in multiple classes.
Our services include:
- Global Trademark Registration – Covering Africa, the U.S., the U.K., Europe, Canada, and beyond.
- Trademark Watch Services – Monitoring new filings across selected trademark registers to alert businesses to potential conflicts.
- Trademark Opposition and Enforcement – Helping clients protect their brands from infringement.
- Multi-Class and Multi-Jurisdiction Filings – Ensuring businesses have broad protection for their marks.
As the Zap issue demonstrates, securing and defending trademarks requires foresight and legal expertise. By leveraging Norebase’s trademark services, businesses can protect their brand names, avoid costly disputes, and confidently expand into new markets.
Want to secure your trademark today? Let Norebase help you protect what matters.
