Trademarks Law in Namibia
Sure! Here’s an overview of Trademark Law in Namibia:
Trademark Law in Namibia
Legal Framework
Trademark protection in Namibia is governed by the Trade Marks Act, 1973 (Act No. 35 of 1973).
The Namibia Intellectual Property Office (NIPO) under the Ministry of Industrialisation and Trade manages trademark registration and administration.
Namibia is a member of several international treaties, including:
Paris Convention
Madrid Protocol
TRIPS Agreement
Bangui Agreement (through its membership in the African Intellectual Property Organization — OAPI — but Namibia is not an OAPI member; instead, it mainly relies on national laws and Madrid system for trademarks).
Key Features
1. What Can Be Registered?
Any sign capable of distinguishing goods or services, such as:
Words, letters, numerals
Logos, designs, and symbols
Shapes and colors (if distinctive)
2. Types of Trademarks
Ordinary trademarks
Service marks
Collective marks (limited recognition)
3. Registration Process
Application filed with the Namibia Intellectual Property Office (NIPO).
Examination for:
Formalities
Distinctiveness and registrability
Accepted applications are published in the Namibian Government Gazette.
A 3-month opposition period follows publication.
If unopposed or opposition unsuccessful, the trademark is registered.
4. Duration and Renewal
Trademark registration is valid for 10 years from the filing date.
Renewable indefinitely for further 10-year periods.
Renewal applications must be submitted before expiry.
5. Rights Conferred
Exclusive rights to use the trademark within Namibia for registered goods/services.
Right to prevent unauthorized use or infringement.
Rights to license, assign, or transfer the trademark.
6. Infringement and Enforcement
Enforcement through civil courts.
Remedies include injunctions, damages, and destruction of infringing goods.
Criminal penalties may apply in cases of counterfeiting.
Customs authorities assist in border enforcement to prevent counterfeit imports.
7. International Treaties
Namibia is a member of:
Paris Convention
Madrid Protocol
TRIPS Agreement
Summary Table
| Feature | Description |
|---|---|
| Governing Law | Trade Marks Act, 1973 |
| Registration Authority | Namibia Intellectual Property Office (NIPO) |
| Protection Duration | 10 years, renewable |
| International Systems | Paris Convention, Madrid Protocol, TRIPS |
| Enforcement | Civil and criminal remedies; customs actions |
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