As noted in articles by Spoor & Fisher in 2024 and 2022, Zambia published a new Trade Marks Bill that was passed by Parliament on December 26 2023 and enacted as the Trade Marks Act, 2023 (Act No. 11 of 2023). The legislative reforms came into force on December 31 2025 following the issuance of Statutory Instrument No. 86 of 2025, marking a milestone in the modernisation of Zambia’s trademark system.
The new act repeals the Trade Marks Act (Chapter 401) of 1958, which had remained largely unchanged for more than six decades and was rooted in the UK Trade Marks Act 1938. The updated legislation aligns Zambia’s trademark law with international standards and modern practice, creating a system familiar to practitioners in other jurisdictions.
The act introduces several important changes and the registry is working to update its systems to enable applications to be processed under the new provisions. It is hoped that these developments, along with the necessary publication of the new accompanying regulations, will happen quickly.
Key developments under the new act
Expanded scope of registrable rights
One of the most notable developments is the formal introduction of service mark protection. Service providers may now secure direct registration in the relevant service classes, rather than relying on indirect or imperfect protection through goods classifications. This change significantly strengthens brand protection for businesses operating in the services sector.
The act also introduces protection for collective marks and geographical indications, and expressly accommodates a broader range of non-traditional trademarks, provided they meet the applicable registrability criteria.
Well-known marks
The legislation gives explicit recognition to well-known marks, enhancing the ability of rights holders to prevent conflicting registrations and enforce their rights even in circumstances where no local registration exists.
Registration terms and renewal
Trademark registrations will now be granted and renewed for a period of 10 years. Existing registrations obtained under the previous legislation remain valid until their current expiry dates, after which renewal will be governed by the new act.
Filing and examination procedures
The registration process has been modernised in several respects:
Applications may be filed on the basis of a bona fide intention to use.
Multi-class applications are now permitted, allowing applicants to cover multiple goods and service classes in a single filing. Pending the issuance of new regulations, official fees are expected to continue to apply on a per-class basis.
Applications will be subject to substantive examination.
Grounds for refusal and opposition
Both absolute and relative grounds for refusal may be raised, including conflicts with earlier rights and well-known marks. In appropriate cases, honest concurrent use may be relied upon to overcome objections based on prior rights. Third-party opposition proceedings are expressly provided for. The act also introduces the concept of acquiescence, limiting the ability to oppose or challenge a mark where the earlier rights holder has knowingly tolerated use for five years or more.
Use requirements and ownership changes
Registered marks will be vulnerable to cancellation if they are not put to genuine use for a continuous period of five years or more. The act further provides a clear framework for the assignment and licensing of trademarks.
Enforcement and anti-counterfeiting measures
The new legislation significantly strengthens enforcement options, combining civil remedies, criminal offences, and border-control measures to address infringement and counterfeiting. Infringement may arise where the use of a similar mark on similar goods or services gives rise to a likelihood of confusion, or where unfair advantage is taken of, or harm is caused to, the reputation or distinctive character of a registered mark.
Available remedies include injunctions, damages, accounts of profits, delivery-up of infringing goods, and royalty-based relief. The act also provides for evidence-preservation measures, addresses unjustified threats of infringement proceedings, and introduces a range of offences aimed at combating counterfeit trade.
International registrations
Although Zambia’s new legislation empowers the minister of commerce, trade and industry to implement the Madrid Protocol by regulation, no such regulations have yet been issued, meaning that international trademark registrations designating Zambia currently have no legal effect or enforceability. It is also understood that future implementation is unlikely to apply retrospectively.
Practical implications for rights holders
The coming into force of the new Trade Marks Act presents immediate opportunities for brand owners, particularly those offering services in or into Zambia. Rights holders should consider reviewing their existing portfolios to assess class coverage, renewal planning, and the potential benefits of multi-class filings. Businesses making use of service marks that have not previously been registered should also consider taking steps to secure formal protection under the new regime.
In conclusion, the overhaul of Zambia’s trademark legislation was long overdue and is a welcome development. Whilst the Trade Marks Act is now fully operational, the accompanying regulations will need to be in place before multi-class and service mark applications can be filed, and implementing regulations will need to be in place before international registrations designating Zambia are enforceable. Spoor & Fisher would recommend that proprietors consider their filing strategy at this time so they can be ready to act as soon as the regulations are published.
