Zambia
Classification
The International Classification of Goods is applied. A separate application is required for each class of goods. There is no provision for services.
Convention priority
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/procedure
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.
Opposition
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.
Duration and renewal
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.
Subject matter eligible for protection
The Act provides for the following works to be eligible for copyright protection:
- Titerary works
- Musical works
- Artistic works
- Computer programs
- Compilations
- Audiovisual works
- Sound recordings
- Broadcasts
- Cable programs
- Typographical arrangements of published editions.
Literary works are further defined to include dramatic works and arrangements of information in tabular form.
Artistic works are further defined to include:
- Paintings, drawings, etchings, lithographs, woodcuts, engravings, prints
- Maps, plans, charts, diagrams, illustrations and sketches
- Works of sculpture
- Works of architecture in the form of buildings and models
- Photographs.
Copyright shall not subsist in a literary or musical work or in a computer program unless it is recorded in writing or some other form, and in the case of all works unless certain requirements are met.
Registration of copyright
Duration of copyright
In the case of literary, musical and artistic works or compilations the copyright endures for the lifetime of the author plus 50 years.
In the case of all other works, the duration is 50 years from the date on which the work was made or was made available to the public or published.

Increase in statutory fee unit resulting in increased official fees
Statutory Instrument No. 25 of 2024 enacted the Fees and Fines (Fee and Penalty Unit Value) (Amendment) Regulations, 2024 on 15 April 2024. In terms of the new Regulations, the statutory unit fee has ...
June 18 2024

The Registry updates their NICE classification system to the 12th edition
In January 2024, the Zambia Trade Mark Registry issued a notice regarding the update of the NICE classification system from the 11th edition to the 12th edition. Although the notice did not specify th...
April 12 2024

Zambia passes new Trade Marks Act (Act No. 11 of 2023)
A new Trade Marks Act has been passed in Zambia! This signals a significant modernization effort, introducing provisions for “non-traditional” marks, multiclass applications, and alignment...
February 08 2024
How can we help you?
We have offices in four major cities in South Africa: Pretoria, Johannesburg, Cape Town, and Durban. Additionally, we have 23 associate offices in the rest of Africa, the firm serves as a gateway into Africa for IP clients. Please contact your nearest office for any legal enquiry or assistance.