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The new Zambian Trade Marks Act, which provides a welcome modernisation of Zambia's IP system is now operational.
The Trade Marks Act no 11 of 2023 introduces:
- the registration of service trade marks, container trade marks and three-dimensional trade marks
- recognition of well-known trade marks
- protection for geographical indications
- domesticating the Madrid Protocol, enabling valid international registration of trade marks designating Zambia
- enhanced enforcement mechanisms, including border measures to combat counterfeiting and infringement
- modernised registration procedures
The Registry is committed to improved service delivery and efficiency but, for the immediate future, existing fees and regulations will continue to apply until the new regulations are finalised, as they are still under review following recent stakeholder comments. The Registry has also committed to efficiently deal with any uncertainties during this transition period.
IMPORTANT: A key development that is long-awaited is that service marks are eligible for registration. Trade mark proprietors are urged to file applications in the relevant service classes without delay to secure priority and mitigate the risk of conflicting filings by third parties.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
