What’s in a name?

Tendai Chara

“A good name is to be chosen rather than great riches . . .”

This biblical verse from Proverbs 22 might be the reason three Harare businessmen are currently engaged in a bitter and prolonged wrangle over a company name.

Although trademark disputes are common, this case is unusual as it pits fairly small, emerging businesses against each other.

Biznvest, a company that is known for manufacturing the innovative Ngoda Ovens, is not happy with a rival company trading as Ingoda Ovens. The prefix “I” differentiates the two companies.

The rival company, which is owned by Mr Anderson Matibiri, is producing ovens that are almost similar to those manufactured by Biznvest.

To make matters worse, Mr Matibiri’s shop is located right across the road, a spitting distance from the Ngoda Ovens.

Mr Aaron Chikukuza, the Biznvest founder and managing director, is not a happy man.

“Of all the names, I wonder why he chose a name similar to ours. As if that is not enough, he went on to rent space just across the road, opposite our shop. Our clients are getting confused,” the 36-year-old businessman said.

He said his company is a fortune as potential customers are being diverted.

“We advertise our products but in the end, some of our potential clients are being misled into believing that we are one and the same thing with this other company.”

The ovens are now popular as they are specifically designed to bake bread, all confectionery, grill or cook and fry doughnuts using firewood, charcoal, maize cobs or cow dung.

There is no need for electricity.

On the contrary, Mr Matibiri insists he was the first to register the name “Ngoda Oven” with the Department of Deeds, Companies and Intellectual Property.

“We registered this trademark in 2018 and we have been using this name ever since. Whoever is accusing us of using their trademark is not being truthful. We will face them in the court of law,” the former police officer said.

He, however, failed to provide the certificate of registration to substantiate his claims.

Biznvest is also at loggerheads with businessman Mr Meck Gawu, who is trading as Diamond Oven Private Limited.

As is the case with Mr Matibiri, Mr Gawu’s company also manufactures baking ovens and is located a few metres from the Biznvest shop.

“My company is registered as Diamond Oven and not Ngoda. I wonder how my name is being dragged into this. When I registered my company with the authorities, I did everything which was supposed to be done,” he argued.

Commenting on the trademark war, Mr Prosper Dukwende, a lawyer who has a special interest in intellectual property, said the fight over the name “Ngoda” is unusual.

“In most trademark disputes, we normally have large, established businesses trying to protect their brands against emerging businesses who might be benefiting from the illegal use of a name.

“Another scenario would involve a smaller trader complaining that an established company with a bigger brand might be using its trademark to crush competing, emerging brands,” explained Mr Dukwende.

Mr Clifford Chimombe, an official with the Department of Deeds, Companies and Intellectual Property, could not shed more light on the dispute.

“The parties involved jumped the gun. They should have approached us so that we can sit down with them, investigate their case and find an amicable solution. Instead of approaching us, they rushed to the courts and now our hands are tied,” Mr Chimombe said.

Mr Gawu, who seemingly could not differentiate between registering a company and a trademark, swore that he will never abandon the company name.

“Like I said, I followed the required regulations when I was registering my company. I have my papers and I am ready to appear in court and defend myself.”

The certificate of registration, which was issued to Biznvest, indicates that the company registered the Ngoda Oven trademark in 2019.