Namibia Intellectual Property Law

The International Classification of Goods and Services (Nice Classification) is applied. Namibia follows a multi-class system.

Although the Act makes no express reference to the claiming of priority rights, Namibia has recently acceded to the Paris Convention. The Namibian Constitution contains a provision to the effect that international treaties to which Namibia has acceded will have legal effect, whether supported by local legislation or not. Therefore, it is expected that priority rights should be recognised.

Regarding the Paris Convention, an applicant for a trade mark who has applied for the same trade mark in another Paris Convention member country, is entitled to a priority right. This accords them the same effective date as the first filed application, provided the Malawi application is filed within six months of such earlier filing date.

Furthermore, no provision is made in the Act for the recognition of trade mark applications filed and registered in terms of the Banjul Protocol of ARIPO. Since Namibia has acceded to the Banjul Protocol, the validity of such registrations is uncertain.

Applications are examined as to formalities as well as on relative and substantive grounds. If the mark is found to be in compliance with the requirements, it is accepted, and the applicant must have it published in the Official Journal.

Any interested person may, within 60 days from the date of publication, lodge a notice of opposition supported by a statement on the grounds on which the opponent objects to the registration of the trade mark application. Extensions of the opposition deadline for 3 calendar months are possible at the Registrar’s discretion upon formal request.

A trade mark registration under the 1973 Act endures for a period of 10 years, which period may be extended for further 10-year periods upon payment of renewal fees. In the case of trade marks registered under the previous (repealed) legislation, the validity period is 14 years, extendable by similar periods.

If the renewal fee is not paid within the prescribed period, the Registrar may cancel the registration. Provision is made for the restoration of such a cancelled registration.