Zambia has achieved a long-awaited milestone in its intellectual property regime. Following the signing of Statutory Instrument No. 86 of 2025, the Trademarks Act No. 11 of 2023 officially came into operation on December 26, 2025. This landmark legislation repeals the outdated 1958 Act, modernizing a system that had remained largely unchanged for over six decades.
Key Changes for Brand Owners
The new Act introduces several transformative provisions that enhance how businesses protect and manage their brands in Zambia:
- Service Marks Now Protectable: In a long-awaited shift, businesses can now formally register trademarks for services (Classes 35–45).
- Madrid Protocol Domesticated: The law provides the domestic legal framework for international registrations. Once procedural regulations are finalised, brand owners will be able to designate Zambia through the Madrid System.
- Standardised 10-Year Protection: All trademarks (both new registrations and renewals) will now follow a consistent 10-year term, replacing the previous 7-year initial term and 14-year renewal cycle.
- Multi-Class Applications: Applicants can now file a single application covering multiple classes, simplifying portfolio administration. Note: Until new regulations are issued, fees currently remain payable on a per-class basis.
- Extended Scope of protection: The definition of a “mark” has been expanded to include collective marks, certification marks, geographical indication and other non-traditional marks such as sounds, shapes, colours, and packaging, allowing for the protection of modern brand identifiers.
- Honest concurrent use: The express recognition of honest concurrent use now provides a formal pathway to overcome refusals, offering applicants greater flexibility when facing objections.
- Well known Brands: Well known marks receive explicit recognition, strengthening enforcement possibilities even where local registration has not been secured.
- Enhanced Enforcement: The Act introduces robust civil and criminal remedies, specifically targeting counterfeiting and providing clearer grounds for opposition and infringement proceedings.
We recommend that brand owners take the following steps:
- Audit Service Portfolios: Service-based businesses should immediately evaluate whether to file new applications in Classes 35–45 to secure direct protection.
- Review Renewal Timelines: Align your internal dockets with the new 10-year renewal cycle.