For over six decades, trademark protection in Zambia was anchored by the legacy Trade Marks Act of 1958. Responding to the demands of modern commerce and digital global trade, Zambia officially brought into force the Trademarks Act No. 11 of 2023 via Statutory Instrument No. 86 of 2025. Overhauling the outdated statutory framework, this landmark legislation aligns the Patents and Companies Registration Agency (PACRA) with international treaties, expanding protection mechanisms for regional businesses and multinational investors alike.
The Key Statutory Revisions: Upgrading Zambia’s IP Framework
The modernised statute replaces legacy constraints with dynamic prosecution and enforcement mechanisms:
- Direct Registration of Service Marks (Classes 35–45): Ending the restrictive practice of filing service brands under Class 16 (paper goods), the Act explicitly recognises service marks. Financial institutions, retail networks, telecommunications providers, and hospitality brands can now secure direct statutory protection.
- Protection for Non-Traditional & Sensory Assets: The statutory definition of a mark expands beyond traditional words and logos to include non-traditional signs—such as sound marks, olfactory scents, 3D shapes, and distinctive color combinations.
- Unified 10-Year Protection and Renewal Cycles: Replacing the legacy 7-year initial registration term and subsequent 14-year renewal cycles, all registrations under the new Act follow a standard 10-year term.
- Multi-Class Filings & Madrid Protocol Domestication: Multi-class applications are now statutorily permitted under a single filing. Additionally, the law domesticates the Madrid Protocol, establishing the foundation for international applicants to designate Zambia via WIPO once implementing regulations finalize.
- Geographical Indications (GIs) & Anti-Counterfeiting: The framework introduces GI protections to safeguard regional agricultural and artisanal exports, while equipping border control authorities and the judiciary with stronger anti-counterfeiting enforcement remedies.
Strategic Action Plan for Enterprise Brand Owners
To leverage Zambia’s updated trademark system effectively, rights holders should execute the following steps:
- File Primary Service Mark Registrations Immediately: Audit your Zambian footprint and file standalone applications in Classes 35 through 45 to establish statutory priority over historical “Class 16 workaround” filings.
- Re-align Portfolio Renewal Calendars: Update internal IP management systems to transition all Zambian trademark renewals to the unified 10-year cycle upon their next expiration date.
- Navigate PACRA Fee Transitional Protocols: Budget for official fees calculated on a “per-class” basis while PACRA transitions its digital systems and finalizes its updated fee schedules.
- Prepare for Direct vs. International Filings: Monitor the rollout of the Madrid Protocol implementing regulations, using direct PACRA online portal filings for immediate priority while international mechanisms finalize.
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