Zambia Intellectual Property Law

The International Classification of Goods is applied. A separate application is required for each class of goods. There is no provision for services.

As Zambia is a member of the Paris Convention, priority can be claimed. 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 Zambia application is filed within six months of such earlier filing date.

Examination takes place as to inherent registrability and conflict with prior registrations or pending applications. Once examined and accepted, whether absolutely or subject to conditions or limitations, the application is advertised for opposition purposes. Should there be no opposition, the application proceeds to registration.

Once a trade mark application has been advertised for opposition purposes in the Trade Mark Journal, any person can oppose the application within two months of the date of advertisement. This deadline is not extendible.

The duration of a trade mark registration is seven years, but it may be renewed for further periods of 14 years from the date of the original registration. The proprietor of the trade mark must apply for the renewal within six months of the expiration of the last registration period. If no renewal fee has been paid at the date of expiration, the Registrar will advertise this fact in the Journal. The proprietor then has one month within which to effect the renewal, by payment of the renewal and penalty fees.

If the renewal fee is not paid, the Registrar may remove the mark from the register. The proprietor may apply for restoration in the manner prescribed.