Zambia has introduced significant changes to its trade mark laws through the Trade Marks Act No. 11 of 2023, which officially came into effect on 31 December 2025. This new Act replaces the outdated 1958 legislation and Zambian trade mark law more into alignment with international standards.
While the new Trade Marks Act itself has come into effect, the regulations under the new Act have not yet been promulgated. Although these are expected to be made public soon, no specific timeline has been announced. For now, the registry continues to apply regulations from the previous Act, meaning existing forms and official fees remain unchanged.
Key Highlights of the New Legislation:
1. Registration of Service Marks
Service marks can now be formally registered, bringing Zambia in line with international norms. Brand owners who previously relied on limited protection in classes 09 and 16 can now access service classes 35 to 45.
2. International Registrations Under the Madrid System
The Act incorporates Zambia’s accession to the Madrid Protocol, enabling brand owners to confidently designate Zambia in International Registrations. Once again, though, although the Act itself incorporates provisions catering for the administration of International Registrations in principle, the regulations pertaining to International Registrations have yet to be made public and come into effect.
3. Term of Protection
Trade mark registration and renewal periods are now standardized at 10 years, replacing the previous 7- and 14-year terms. Existing registrations under the old Act remain valid until expiry, after which renewals will follow the new law.
4. Multi-Class Applications
Applicants can now file a single application covering multiple classes of goods and services. Please note, though, that official fees applicable under the old regulations will still apply per class until new regulations are implemented.
5. Expanded Categories of Trade Marks
The new Act provides for the registration of collective marks and geographical indications (GIs), which were not recognized under the old law. It also broadens the definition to include non-traditional marks such as sounds, scents, shapes, colors, and packaging configurations.
6. Recognition of Well-Known Marks
The new Act provides for formal recognition and enhanced protection for well-known marks.
7. Stronger Enforcement Measures
New civil, criminal, and border control provisions bolster anti-counterfeiting and infringement enforcement.
Conclusion
As a first step, clients with service marks who have registered or applied for their trade mark(s) in goods classes to gain a measure of protection for services offered should file applications to register such trade marks in the relevant service classes as a matter of priority.
Please contact us via foreigntrademarks@kisch-ip.com or africatrademarks@kisch-ip.com for assistance.
