Trademarks Law in Zambia
Trademark law in Zambia is primarily governed by the Trade Marks Act, Chapter 401 and the Patents and Companies Registration Agency (PACRA) is the government body responsible for trademark registration and administration.
📄 Trademark Registration Process in Zambia
Application Submission
Applications are filed with PACRA.
The application must include a clear representation of the trademark and specify the goods or services classified according to the Nice Classification.
Examination
PACRA conducts a formal examination and a substantive examination to ensure the trademark meets registrability criteria (distinctiveness, no conflict with prior marks).
Publication
Accepted applications are published in the Zambia Industrial Property Journal for a period (usually 60 days) to allow for opposition.
Opposition
Third parties can file oppositions during the publication period on valid grounds such as similarity with prior marks.
Registration
If no opposition is filed or if opposition is resolved in favor of the applicant, the trademark is registered and a certificate of registration is issued.
⏳ Duration and Renewal
Initial Term: 7 years from the filing date.
Renewal: Can be renewed indefinitely for successive 14-year terms.
Grace Period: There is a grace period for late renewal with additional fees.
⚖️ Use Requirement and Cancellation
Trademark registration can be cancelled for non-use if the mark has not been used for 3 consecutive years after registration.
Cancellation can be requested by interested third parties.
🌍 International Treaties
Zambia is a member of the Paris Convention and the TRIPS Agreement.
Zambia is also a member of the African Regional Intellectual Property Organization (ARIPO), which allows for regional trademark protection.
🛡️ Enforcement and Remedies
Trademark owners can enforce rights through the Zambian courts.
Remedies include injunctions, damages, and seizure of infringing goods.
✅ Summary
Zambia’s trademark law is governed by the Trade Marks Act and administered by PACRA.
Registration process includes examination, publication, opposition, and registration.
Initial protection lasts 7 years, renewable for 14-year terms.
Use requirements and cancellation for non-use apply.
Zambia participates in international treaties like Paris Convention, TRIPS, and ARIPO.
RELATED Blog
0 comments