Trademarks

– The Trade Marks Act (Chapter 401), as amended by the Trade Marks (Amendment) Act, 1980, and Act No. 13 of 1994.
– The Trade Marks Regulations, as amended by the Trade Marks (Amendment) Regulations, 1981, 1990, 1994.
– The Trade Marks (Appeals) Rules, 1984.

Note: it should be noted that new legislation is in preparation. Zambia has published a Trade Marks Bill 2022 - this will, when passed, fundamentally change the very old Zambian trademark law, although it is not clear what stage this bill has reached in Parliament.

Membership in International Conventions

– Paris Convention for the Protection of Industrial Property, Lisbon Act, since April 6, 1965, and Stockholm Act for Articles 13 to 30, since May 14, 1977.
– Convention Establishing the World Intellectual Property Organization (WIPO), since May 14, 1977.
– WTO’s TRIPS Agreement, since January 1, 1995.
– Protocol Relating to the Madrid Agreement Concerning the International Registration of Marks, since November 15, 2001.

Filing

Applicant: any person using or proposing to use a trademark and claiming to be the proprietor of the same.  

Foreigners: must appoint a local agent. 

Novelty: necessary.

Excluded from registration: the national emblems, one which may deceive or cause confusion or is contrary to morality.

Certification marks: can be registered. 

Service marks: not yet provided for.

Priority: may be claimed under the International Convention.

Classification of goods: international.

Multi-class applications: not possible. 

Territory covered: Zambia.

Filing requirements for an application(to be sent to resident agent):
1. Power of attorney, simply signed;
2. 6 prints (if wholly or partly a device) and printing block (the block can be made in Zambia);
3. List of goods for which mark requires protection.

For a change of name:
1. Certificate of change of name, with a verified English translation;
2. Power of attorney, simply signed.

For a change of address:
1. Power of attorney, simply signed.

Examination Procedure

Examination: there is a strict examination as to registrability and anticipation.

Letters of consent: are accepted. 

Objections of the Registrar: are notified by official letter. 

Opposition: within two months of date of advertisement in the Patents and Trade Marks Journal. Appeal from Registrar’s objection or decision to court.

Granting

Registration: the registration certificate is issued in electronic format only about eight months after filing.

Duration of protection: initially seven years from date of filing.

Renewal: possible within six months of expiry date of initial protection period and of each fourteen-year renewal period thereafter.

Assignment: possible with or without the goodwill of the business. Recording of assignment is possible, for which purpose a power of attorney and the assignment document or a certified copy is required.

Use: for non-use (continuous period of five years) the mark may be removed from the Register.

Marking of registered goods: not necessary. 

Text of marking: “Registered Trade Mark”. 

Modification: slight modification not affecting identity is possible.

Modification of Protection after Registration

Right of prior user: a prior user may apply for expungement of a registered mark on the grounds of deception and confusion. 

Compulsory licenses: none.

Expropriation: not possible. 

Validation and registration of invalidated mark: not possible. 

Infringement and penalties: civil and criminal action can be brought.