– 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.
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.
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: 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.
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.