On 31 December 2025, Zambia ushered in a new era for trade mark protection with the enactment of Trade Marks Act No. 11 of 2023 (the Act), following the signing of Statutory Instrument No. 86 of 2025. The Act repeals the long-standing Trade Marks Act of 1958, marking a comprehensive reform of Zambia’s trade mark framework.
The new legislation represents a decisive step towards modernising Zambia’s intellectual property regime and aligning it with international standards and global best practice. The Intellectual Property Office will rely on existing regulations until the new rules are in place. The Act is, however, fully in force and introduces a number of material changes that brand owners should carefully consider.
Key Implications for Brand Owners
- Formal Registration of Service Marks (Significant Development)One of the most important reforms introduced by the Act is the formal recognition and adoption of service marks. Under the previous regime, service marks were not registrable in Zambia and trade mark proprietors sought to garner some protection in the goods class most closely associated with their services of interest.
- The Act now expressly permits registration across service classes, bringing Zambia into alignment with international trade mark practice under the Nice Classification. This development significantly enhances protection for businesses operating in service-driven sectors such as retail and wholesale, finance, telecommunications, education, hospitality, and professional services.
- In this regard, businesses providing services in Zambia should urgently assess their existing portfolios and consider filing service mark applications to secure statutory protection for marks currently in use.
- That said, it should be born in mind that Zambia is a first-to-file jurisdiction. In the absence of prompt filings, local entities or opportunistic third parties may seek to register service marks belonging to foreign brand owners, including well-known service marks. Once a mark has been registered by a third party, recovery through opposition, cancellation, or litigation can be costly, time-consuming, and uncertain.
- Domestic Implementation of the Madrid ProtocolThe Act formally domesticates Zambia’s accession to the Madrid Protocol, thereby enabling trade mark owners to designate Zambia through International Registrations administered by the World Intellectual Property Organization (WIPO).
- However, until the new regulations are published, the Madrid system cannot be relied upon or utilised as a filing mechanism. As is the case in many African jurisdictions, the Zambia Registry lacks fully digitised records necessary for the effective administration and examination of Madrid designations.
- Accordingly, designation of Zambia via the Madrid Protocol should be regarded as unavailable at this stage. Even once the requisite regulations are adopted, we do anticipate practical and administrative constraints in the short to medium term.
- In these circumstances, national trade mark filings remain the only reliable and enforceable route for securing trade mark protection in Zambia, and are strongly recommended for brand owners requiring certainty and timely protection.
- Uniform 10-Year Term of ProtectionTrade mark registration in Zambia were previously valid for a duration of seven (7) years from the date of filing. Under the new Act, all trade mark registrations and renewals will run for a standard term of ten (10) years which consistent with international norms.
- Trade marks registered under the repealed legislation will remain valid until their existing expiry dates. Upon renewal, such registrations will thereafter be governed by the provisions of the new Act.
- Introduction of Multi-Class ApplicationsThe Act allows for multi-class trade mark applications, allowing applicants to seek protection for a mark across multiple classes of goods and services within a single application.
- However, pending the issuance of new regulations, official fees remain payable on a per-class basis, notwithstanding the availability of multi-class filings.
- Recognition of New Categories of Trade MarksThe Act expands the scope of registrable subject matter and introduces protection for additional categories of marks, including:
- Collective marks: marks used by an association of persons (e.g., a professional body, trade union, or cooperative) to distinguish goods or services produced or provided by its members.
- Geographical indications (GIs): names or signs used to specify a geographic location that suggests the origins of a good where the quality, reputation, or other attribute of that good can be primarily traced to, and the location where the good is made, processed, or prepared for sale.
- Enhanced Protection for Well-Known MarksThe Act provides formal statutory recognition of well-known trade marks, strengthening the ability of rights holders to enforce their marks in Zambia even where such marks are not registered locally.
- Strengthened Enforcement MechanismsThe Act introduces new enforcement provisions, including civil remedies, criminal sanctions, and border-control measures. These reforms significantly reinforce Zambia’s capacity to combat trade mark infringement and counterfeiting.
Conclusion
Notably, Trade Marks Act No. 11 of 2023 represents a substantial and welcome modernisation of Zambia’s trade mark system. While further regulations are awaited, the Act already provides brand owners with expanded opportunities for protection, particularly in respect of service marks and non-traditional marks.
Brand owners with existing or planned commercial activities in Zambia are strongly advised to review their trade mark portfolios without delay to ensure adequate and timely protection under the new legislative framework.
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