Trademark Registration in Zambia: A Complete Guide for Businesses

Trademark Registration Process in Zambia

The trademark registration process in Zambia involves several structured steps:

Step 1: Trademark Search
A preliminary search is conducted to confirm that the proposed trademark is not identical or confusingly similar to existing trademarks in Zambia. This reduces the risk of rejection or opposition.

Step 2: Filing the Application
The application is filed with PACRA. The application requires the completion of three official trademark forms, along with payment of the prescribed government fees.

• Trademark Form 1 (Authorization Form): This form is required where a Zambian law firm or agent files the application on behalf of the applicant. It authorizes the agent to act for the applicant and functions similarly to a power of attorney.
• Trademark Form 2 (Application Details): This form captures the applicant’s details and trademark information. Applicants must provide their full name and address. Where the applicant is a company, the country of incorporation and type of organisation must be stated. The goods or services covered by the trademark must also be listed, together with the relevant Nice Classification (Classes 1–34).
• Trademark Form 3 (Trademark Representation): Applicants must submit six clear representations of the trademark they wish to register.

Zambia operates under a single-class system, meaning separate applications must be filed for each class of goods or services.

Step 3: Priority Claim (If Applicable)
Applicants claiming priority based on an earlier filing in a Paris Convention member country must submit a certified copy of the priority document at the time of filing.

Step 4: Examination by PACRA
After submission, PACRA conducts both formal and substantive examinations of the application. An office action is usually issued within 30 days, outlining any objections, conditions, or acceptance of the application.

Step 5: Response, Refusal, or Appeal
If objections are raised, the applicant must respond and address the issues raised by PACRA.

If the application is refused, the applicant may appeal directly to the Registrar by submitting a written request explaining why the trademark should proceed. A formal hearing will be held. If dissatisfied with the decision, the applicant may further appeal to the Zambian courts.

Step 6: Advertisement and Publication
Once objections are resolved, the trademark is published in the National Industrial Property Journal for 60 days. This publication allows third parties to oppose the registration.

Step 7: Opposition Proceedings (If Any)
During the publication period, third parties may file a notice of opposition, supported by a statement of grounds. Both parties then exchange counter-statements and evidence before a formal hearing. Decisions arising from opposition proceedings may be appealed through the court system.

Common grounds for opposition include:
• Confusing similarity to an existing registered trademark
• Failure to meet registrability requirements under Zambian law

Non-use of a trademark is not a valid ground for opposition at this stage.

Step 8: Publication
Once accepted, the trademark is published in the official gazette to allow third parties to oppose the registration within the prescribed period.

Step 9: Registration and Certificate Issuance
If no opposition is filed, or if opposition proceedings are unsuccessful, the trademark proceeds to registration. PACRA issues an official Certificate of Registration.