HAHN & HAHN INTELLECTUAL PROPERTY PRACTITIONERS

Zambia

HOW TO REGISTER A TRADE MARK


For more information on ARIPO Trade Mark Registrations click here


1.     The requirements for applications filed directly in Zambia are as follows: 

  1. Full name, street address and description of the applicant (including trading style, if any, and state/ country of incorporation, if incorporated).
  2. List of goods and/ or services.
  3. A simply signed power of attorney.
  4. If priority is claimed: a certified copy of basic application.

2.   Classification

  1. Only the first 34 goods classes of the International Classification are followed.
  2. Multiclass - No

3.   General

  1. a) Duration: 7 years from date of application and renewable for further periods of 14 years.
    b) Duration if priority claimed: 7 years from priority date and renewable from further periods of 14 years.
  2. Use: If a mark has not been used for a continuous period of 5 years, it can be removed.
  3. Marking: Not necessary.
  4. Licenses: Permitted.
  5. Collective marks: Registrable.
  6. Assignmets of applications are permitted.
  7. Searches are Not recommended due to inaccuracy of the records as well as extreme time delays in receiving results from TMO.


HOW TO REGISTER A PATENT OR DESIGN



In our experience, it is better to file an ARIPO regional application designating at least Zambia rather than a national application directly in Zambia. The main reason for our opinion is that ARIPO is run by WIPO and, accordingly, operates much more efficiently than the Zambian Patent and Design Offices. Furthermore, the cost of filing an ARIPO application designating only Zambia is about the same as the cost of filing a national application directly in Zambia. A further benefit of the ARIPO route is that it is possible to designate other ARIPO member countries by paying additional designation fees at a relatively nominal surcharge.

For more information on ARIPO Patent Registrations click here.

For more information on ARIPO Design Registrations click here.

LATEST NEWS

When is a Trade Mark Not a Trade Mark?

Posted on Jun 28, 2023.

There are two ways in which trade mark rights can be acquired in South Africa. The first is statutorily through registration in terms of the Trade Marks Act 194 of 1993, and the second is in terms of the common law through use thereof only.

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