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Why Paystack Sent a Legal Warning to Zap Africa

Why Paystack Sent a Legal Warning to Zap Africa

Paystack, the African payments company owned by Stripe, has sent a cease and desist notice to crypto startup Zap Africa after launching its new consumer product, Zap by Paystack.

This legal move comes in response to Zap Africa’s claims that Paystack failed to check whether “Zap” was already in use before branding their product.

The announcement of Paystack’s new offering stirred up a debate online, with Zap Africa accusing the payments giant of neglecting due diligence. But according to a source within Paystack, the company did its homework before moving forward with the name.

“We’re confident that we filed for trademark and that we filed in the right category,” the source told Condia. “We registered the [Zap] trademark across multiple classes, including financial services — a class where Zap Africa has no filing registration.”

Documents reviewed by Condia confirm that Paystack applied for a trademark on December 4, 2023, covering six different categories, including financial affairs, monetary services, insurance, and estate affairs. Meanwhile, a search of Nigeria’s Corporate Affairs Commission (CAC) registry shows that many businesses already use “Zap” in their names.

Zap Africa has also raised concerns that Paystack’s use of “Zap” is confusing its customers. However, the Paystack source dismissed this argument, pointing out that “Zap” is a common word used by multiple businesses in different industries.

“Zap” is a common term widely used in everyday language, making it difficult to associate exclusively with a single brand,” the source explained. “Over 40 companies listed on the CAC website include ‘Zap’ in their business names. Records from the Trademarks, Patents, and Designs Registry in Nigeria also show that the word ‘Zap’ has been in use for well over a decade. In fact, a trademark containing ‘Zap’ was filed as early as 2008 by an entirely different entity. So, the name is not exclusive to Zap Africa.”

It’s clear that this dispute is far from over, and how it unfolds could set a precedent for naming rights in Nigeria’s business landscape.

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