Zambia: A new era for trademark registration and protection

Zambia’s trademark regime is entering a new era. On 26 December 2025, the Trade Marks Act No. 11 of 2023 (new Act) came into force, sweeping aside a framework under the Trade Marks Act Chapter 401 of the Laws of Zambia (Repealed Act) that had remained largely unchanged since 1958.

The new Act therefore represents the most significant overhaul of the country’s intellectual property (IP) system in decades, and reshapes the legal and commercial landscape for trademark owners in Zambia and beyond, introducing broader protection and modernised procedures for registration. Set out below is a concise overview of the key changes and provisions introduced under the new Act.

Expanded protection for different marks

• Service marks: the new Act makes provision for the registration of service marks in Zambia. This is a key development for Zambia, as previously services under classes 35 to 45 of the International (Nice) Classification of Goods and Services were not registrable in Zambia as an independent class. Rather, the practice was to register a service mark as a trademark under Class 16.

• Collective marks: the new Act extends general trademark law to collective marks, recognising use by members as use by an association itself.

• Well-known marks: Prior to the enactment of the new Act, the position was (pursuant to a Supreme Court judgment) that there is no statutory protection in Zambia for all kinds of unregistered trademarks, including well-known marks. The new Act changes this position by protecting proprietors of well-known trademarks, who now have a statutory right to oppose an application for the registration of a trademark or to obtain an injunction to restrain the use of a well-known trademark in Zambia.

Geographical indications

The new Act establishes a comprehensive framework for the protection of geographical indications (GIs), which are protected only upon registration. Protection is denied to GIs that are generic, misleading, contrary to public policy, no longer protected in their country of origin, or not genuinely linked to a product’s geographical qualities or reputation.

Single application for multiple classes

Another key provision is the introduction of a single application for the same goods or services in different classes. This differs from the prior position, which required a new application for each class in which an applicant wishes to register the goods.

Priority of application

The priority of an application relating to an identical or similar good or service will continue to be accorded to the application that was filed first, and the filing date is the date on which the application is accepted for registration after complying with the requirements specified in the new Act.

Term of trademark

The initial registration term of any registered trademark has been increased from seven years to 10 years from the date of filing the application for registration of that trademark and may be renewed for a further period of 10 years.

Domestication of international treaties

The new Act domesticates the Madrid Protocol (Protocol), a measure that will bring Zambia’s trademark regime in line with the rest of the world. A key piece of the Protocol is the claim for priority of applications. For example, a person who has duly filed an application for registration of a trademark in a convention country and has filed an application for registration of the same trademark in Zambia may claim a right of priority within a period of six months from the date of filing of the application for registration of the trademark in the convention country.

However, the Minister of Commerce, Trade and Industry (the Minister) is required to pass a statutory instrument to give effect to the provisions of the Protocol in Zambia.

The new Act also outlines the protection of specific symbols, emblems, and names of Convention countries or international organisations under the Paris Convention for the Protection of Industrial Property (Paris Convention) and the World Trade Organisation Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS Agreement). The protection is granted if the concerned country or organisation has notified Zambia, expressing the desire to protect these elements and Zambia has not objected or has withdrawn its objection to the notification in accordance with the Paris Convention and TRIPs Agreement respectively.

 The Registrar is responsible for maintaining a public list of these protected items for inspection, and such protection applies to trademark applications made two months after the date of notification.

Next Steps for registered trademarks

The new Act has a transition provision which ensures that acts done under the Repealed Act remain valid. All pending applications will continue to be valid but will be processed in accordance with the new Act. Similarly, all registered trademarks will continue to be valid until the expiry of the registration and the renewal of that trademark must be made in accordance with the new Act.

Overall, the new Act is a huge breakthrough for Zambia, which previously lacked a strong system of IP protection. The new Act is also a clear reinforcement of Zambia's commitment to developing a modern, market-orientated economy capable of attracting international investment and driving economic progress.

Joshua Mwamulima is a partner in the Lusaka office of Bowmans, with expertise in competition law, international trade, data protection, and mergers and acquisitions. Mwansa Nachula is an associate in Bowmans' corporate department in Zambia.