– Industrial Property Act, 2012, in force since August 1, 2018.
– Industrial Property Regulations, No. 113 of 2018.

Note: the new Act provides for the registration and protection of patents, utility model certificates, industrial designs, trademarks, collective marks, certification marks and trade names.

– Convention Establishing the World Intellectual Property Organization (WIPO), since December 23, 1991.
– WTO’s TRIPS Agreement, since January 1, 1995.
– The Hague Convention Abolishing the Requirement of Legalization for Foreign Public Documents (Apostille), since January 30, 2001.
– Paris Convention for the Protection of Industrial Property, Stockholm Act, since January 1, 2004.
– ARIPO, Banjul Protocol on Marks, with effect from January 14, 2004.
– Madrid Agreement Concerning the International Registration of Marks, since June 30, 2004.
– Madrid Protocol, since June 30, 2004.

Applicant: the first user is entitled to registration but intention to use will support an application in the absence of a prior conflicting mark. The applicant claims to be the proprietor of the trademark and that he uses or proposes to use it. An address for service in Namibia must be furnished.

Certification (standardization) marks: there is provision for registration.

Defensive registrations: no provision is made in the new Act, although existing registrations remain valid. 

Service marks: provided for.

Collective marks: provided for.

Essential particulars for registrability: in order to be registrable, in Part A of the Register, a trademark “shall contain or consist of a distinctive mark”. Marks which are reasonably required for use in the trade shall not be registrable and the name of a company, individual, or firm not represented in a special or particular manner, a signature other than that of the applicant for registration or of some predecessor in his business, or a word being in its ordinary signification, a surname, shall not be registered unless it is proved that it is distinctive. In order to be registrable in Part B of the Register, it must be established that the trademark is “capable of becoming registrable, through use, in Part A”. It should be noted that it is possible to register “a container for goods” as a trademark. This would be registered for the goods which are sold in the container, e.g. perfumes, whisky, etc., and not in respect of the container itself. The registration of a container will not prevent the bona fide use by others of any utilitarian or functional feature contained in such container.

Classification: the International Classification has been followed since January 1, 1974. Prior to that, the old British Classification of 50 classes was in force. On renewal, all registrations must be reclassified. 

Multi-class applications: possible.

Filing requirements for an application (to be sent to authorized agent):
1. Application form, normally prepared locally;
2. Power of attorney (notarization and legalization is not necessary), which can be lodged after the filing of the application;
3. 10 representations of the mark (not required for word marks);
4. Full name, address and, where appropriate, trading style of the applicant;
5. List of goods or services to be covered (one-class applications).

Electronic filing: not available in Namibia.

Examination: there is an official examination as to inherent registrability and for conflicting prior applications/registrations. 

Disclaimers: available. 

Letters of consent: are accepted.

Opposition: acceptance is advertised once and opposition may be lodged, or an extension of time requested, within two months of the date of publication.

Duration – renewal: ten years from the date of filing, renewable for like periods. No proof of use is required for renewal.

Renewal fees: fees can be paid up to six months prior to the renewal date, and restoration of a lapsed registration is possible on good cause being shown. Registrations obtained under the former law must be reclassified on renewal.

Marking: optional, but advisable.

Use of trademarks: compulsory. Trademarks may be removed from the Register, on application by any interested person to the Registrar or to the Namibia Division of Supreme Court, if they have not been used for a continuous period of three years from the filing date. Is considered valid trademark use: use on commercial material (e.g. invoices, stationery); use by a licensee, provided license has been recorded; export of marked goods/services; or use at exhibitions or fairs held in the country. Renewal is not considered proof of use.

Nominal use: possible.

Assignment: a registered trademark is assignable and transmissible either with the goodwill of the business or without and in respect of either all the goods for which it is registered or only some of them. In certain circumstances the assignment of an unregistered trademark can be recorded simultaneously with the assignment of a registered trademark.

Registered user (licensing): provision exists for the licensing of a trademark provided the Registrar is satisfied that the proprietor can maintain adequate control over the standard of quality of the goods, and the licensee is entered on the Trademarks Register as a “registered user”. Requirements for licensing: powers of attorney by the registered proprietor and the proposed user (not legalized), statement of case setting out the relationship between the parties, the duration of the permitted use, any conditions or restrictions, the goods on which the permitted user is to use the mark and whether or not the proposed user is to be the sole registered user. If any agreement between the parties is referred to in the statement of case, it – or a true copy – must be filed; affidavit signed by or on behalf of the proprietor certifying the facts set out in the statement of case; application form signed by both parties or on their behalf by their agent or agents.

Customs: provision exists for the registration of trademarks with the Department of Customs and for the impounding of infringing goods, subject to an indemnity bond being filed.