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Trademark law in Zambia is governed by the Trademarks Act (Cap 406 of the Laws of Zambia) and its purpose is to protect brand owners by providing them with exclusive rights to their marks. In Lusaka, the capital city, these rights directly impact businesses, large and small, providing them with the legally enforceable right to prevent others from associating their products or services with a certain brand without permission.
You might need a lawyer to navigate the registration process for your brand's trademark. If your application is incomplete or not correctly submitted, it can lead to lengthy delays or outright rejection. A lawyer can assist in managing possible trademark infringements, ensuring that your rights are adequately protected. Lawyers can also provide guidance on how to maintain, renew, and defend your trademark rights over time.
Under the Trademarks Act, trademarks are registered with the Patents and Companies Registration Agency (PACRA). The Act provides protection for registered trademarks for 10 years, with the option to renew indefinitely. Both word and logo marks can be registered. However, the law denies protection for marks that are similar to existing ones, offensive or generic.
It typically takes between 12 to 18 months from the filing date to register a trademark, provided that there are no objections or oppositions.
Without registration, your claims to the trademark might be limited, and taking legal action against infringement may prove more difficult. Registered trademarks have more concrete legal backing.
If your trademark application is rejected, you can appeal to the Registrar. The decision of the Registrar can further be appealed in the High Court.
Yes, foreign nationals can register a trademark in Zambia. However, they will need to appoint an agent residing within Zambia to act on their behalf.
Brand names, logo, slogans, domain names, shape of goods, packaging, sound marks and even smells can be registered in Zambia.
The Patents and Companies Registration Agency (PACRA) is an important resource for those looking for legal advice in the field of trademarks. PACRA's website provides essential information about trademark registration and maintenance. The Law Association of Zambia can also be an essential resource, linking individuals to competent lawyers practising in trademark law.
If you need legal assistance, consider reaching out to a legal professional specializing in Trademarks. Ensure to prepare all necessary information about your brand and any documents relevant to the trademark. If it's a case concerning infringement, gather all evidence showing unauthorized usage of your trademark. Be open with your lawyer about your concerns and challenges to get the most effective consultation.
