Zambia has overhauled its trademark regime for the first time in 66 years. The new Trade Marks Act No. 11 of 2023 replaces the 1958 law and brings the country in line with global intellectual-property standards. Whether you own a start-up or manage a multinational portfolio, understanding the Act’s fresh rules will help you secure—and enforce—your brand rights in Zambia’s fast-growing market.
Why Zambia Replaced Its 1958 Law
The old Act mirrored the UK’s 1938 legislation and ignored huge shifts in commerce: digital trade, service economies, and international filing systems. Service companies could not register their brands, and foreign owners had to file multiple, class-by-class applications. The 2023 Act fixes those gaps and aligns Zambia with the Madrid Protocol, the Paris Convention and TRIPS. In short, it gives businesses the same modern toolkit they enjoy in other advanced jurisdictions.
What Counts as a Trade Mark Now?
The new definition is deliberately broad—good news for creative brand builders.
- Traditional signs – words, logos, labels, numbers.
- Non-traditional signs – sounds, colours, scents, shapes, packaging.
- Collective marks – for associations and cooperatives.
- Certification marks – for standards of origin, quality, or method.
By covering sensory marks, the Act recognises that branding is now multi-sensory and often digital. It also closes the service-mark gap that once exposed Zambia’s banks, telecoms, hotels, and professional firms to copycat risks.
Service Marks and Multi-Class Filing: Faster, Cheaper, Smarter
Owners may file one application covering several classes of goods and/or services, instead of a separate filing for each class. The Patent and Companies Registration Agency (PACRA) will perform both formality and substantive examinations, but the process is far leaner than before. Applicants may:
- Claim priority from earlier foreign filings.
- Divide an application if some classes face objections.
- Convert an international Madrid designation into a national right and vice-versa.
For brand managers, that means lower legal fees, fewer deadlines, and a clearer paper trail.
Ten-Year Terms & Easier Renewals
Registrations now last ten years from the filing date and may be renewed every ten years thereafter. The old seven-year initial term—followed by fourteen-year renewals—often confused rights holders and rarely matched global practice. Uniform ten-year cycles simplify portfolio management and align Zambia with most Madrid members.
Joining the Global System: Madrid, Paris & TRIPS
Zambia acceded to the Madrid Protocol back in 2001 but lacked domestic procedures to honour it. Section 154 of the 2023 Act instructs the Minister to issue regulations that switch on full Madrid functionality. Once in force, brand owners can designate Zambia through a single WIPO application and enjoy centralised renewals and recordals.
The Act also embeds:
- Paris Convention rules on priority and well-known marks.
- TRIPS-compliant standards for enforcement, remedies and border measures.
Added Protection for Geographical Indications and Well-Known Brands
Producers of region-linked products—think specialty coffee, honey, or crafts—can now register geographical indications (GIs). A protected GI signals that the product’s reputation or qualities stem from its origin, boosting rural development and export marketing.
Well-known marks receive extra defence, even if unregistered in Zambia. Courts may block look-alike marks that dilute or exploit a famous brand’s goodwill, reflecting global norms set by WIPO.
Stronger Enforcement and Border Controls
Brand owners may pursue:
- Civil remedies – injunctions, damages, accounts of profits, delivery-up of infringing goods.
- Criminal sanctions – fines and imprisonment for counterfeit offences.
- Border action – customs officers may seize suspect shipments and destroy confirmed fakes.
Provisional measures preserve evidence and freeze assets quickly—vital when counterfeiters move fast and online.
How and When the Act Takes Effect
Although it was signed on 26 December 2023, the Act will start only when the Minister issues a commencement notice. Stakeholders expect full implementation during 2024 after PACRA finishes new regulations, re-trains staff, and reclassifies existing records. Transitional rules ensure that pending applications under the 1958 Act automatically migrate to the new system, so no one is left in limbo.
What Businesses Should Do Now
- Audit your portfolio. Identify unregistered service brands and non-traditional signs worth protecting.
- Plan for Madrid. Prepare an international filing strategy that includes Zambia once the new rules go live.
- Review contracts. Update licence, franchise, and distribution agreements so they reference the Act’s ten-year terms and extended definitions.
- Train your team. Teach marketing and sales staff to spot potential non-traditional marks and GIs that deserve registration.
- Monitor the gazette. Watch for the statutory instrument that triggers commencement, then file early to beat the rush.
Conclusion
The Trade Marks Act 2023 vaults Zambia’s IP system into the twenty-first century. With broader definitions, service-mark coverage, multi-class filing and robust enforcement, the law protects innovators while signalling to investors that Zambia values brand equity. If you act early, you can secure wider, longer-lasting rights—and position your business for regional growth.
