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ZAMBIA

TradeMarks 

Types of trademarks

The Act provides for the registration of the following marks:

  • trademarks for goods
  • certification trademarks
  • defensive trademarks
  • parts of marks
  • series of marks.

Classification

The International Classification of Goods is applied. A separate application is required for each class of goods. There is no provision for services.

Application

An application for registration of a trademark is made to the Registrar in the prescribed manner for registration either in Part A or B of the register.

The following information and documents are required:

  • full particulars of the applicant
  • list of goods
  • representation of the mark
  • power of attorney (simply signed)
  • certified copy of the basic application (if priority is claimed), together with translation (if applicable).

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 extendable.

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.

Assignment

Assignments are possible and a registered trade mark is assignable with or without the goodwill of the business.

Requirements for recordal:

  • power of attorney by the assignee (simply signed)
  • deed of assignment.

PATENT

Types of applications

Application for a patent may be made by way of:

  • a non-convention provisional application, where the application is accompanied by a provisional specification and the effective date is the filing date of the application
  • a non-convention complete application, where the application is accompanied by a complete specification and the effective date is the filing date of the application
  • a convention application, where the effective date would be the priority date of the first-filed application under the Paris Convention
  • a national phase application based on an international application under the PCT in which Zambia is designated an ARIPO application designating Zambia
  • an application for a patent of addition, to cover improvements or amendments of the invention of the original patent.

Application

Patent applications are filed with the Zambian Patent Office.

Filing requirements:

  • full particular of the applicant
  • power of attorney (simply signed)
  • assignment of invention (if the applicant is not the inventor)
  • specification (including claims, abstract and drawings), in English
  • certified copy of the priority document (if applicable).

Examination/procedure

Applications are subjected to formal examination only, for compliance with the formal requirements of the Act. If the application is found to be in compliance, the Registrar will accept the application. Acceptance must take place within 30 months from the filing date.

Publication

Upon compliance with the formal requirements and acceptance of the application, the Registrar will notify the applicant who must advertise the acceptance of the application.

Opposition

Any interested person may within three months from the date of the advertisement of the acceptance of the application, file an opposition application with the Registrar’s office.

Duration and maintenance

Granted patents are valid for 16 years calculated from the filing date. Renewal fees are payable and are calculated from the first anniversary of filing. A grace period of six months is allowed for the late payment of the renewal fees, subject to payment of surcharges. Failure to pay a renewal fee causes the patent to lapse.

Assignments and licences

Assignments and licence contracts will have no effect against third parties until they are recorded at the patent office.

Requirements for recordal:

  • power of attorney by the applicant (simply signed)
  • original or certified copy of the assignment document; or
  • original or certified copy of the licence agreement.

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