Memorandum on Trademark Registration
TRADE MARK REGISTRATION
Registration Process
Trademark registration in Zambia begins with a search for preliminary advice as to the
availability of the trade mark. The search is required to be conducted at the Patents and
Companies Registration Agency (“PACRA”) and this exercise can take not less than two
(2) weeks.
Following confirmation of availability of the trademark for registration from PACRA, an
application for registration of a trademark is made in Form TM No. 2, which will be
lodged with a Lodgment Schedule stating details of the mark to be registered and the
fees payable. A foreign applicant, however, is required to appoint a local agent to
represent him or her. The agent is required to file an Authorisation of Agent Form, Form
TM No. 1.
Among other things, the application should specify the class of goods in respect of which
registration is sought. It must be noted that registration of a mark in a different class is
treated as a distinct and separate application. Where the trademark is not a word but a
device or logo, Form TM No. 2, should be lodged with TM Form No.3 to which should be
attached six (6) additional representations of the mark to be registered.
On filing the application, the applicant is issued with a Lodgement Certificate to be used
in follow ups. The trademark is then subjected to a search after which it is examined on
whether it meets the qualifications and thus its suitability for registration. Depending on
the outcome of the
examination, the
trademark may be accepted absolutely,
conditionally or rejected altogether. A letter of acceptance or rejection through which the
outcome of the examination is communicated, should be collected by the applicant from
PACRA. On average, this letter is issued within two (2) to four (4) weeks of filing the
application. An aggrieved applicant whose trademark has been rejected may appeal to
the High Court.
If accepted, the applicant should immediately cause the trademark to be advertised in
the Zambia Patents and Trade Marks Journal published on the 25th of every month by
PACRA by paying the advertisement fee. The advertisement, which runs for two (2)
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Memorandum on Trademark Registration
months, is meant to accord registered trademark proprietors and users the opportunity to
oppose marks they deem likely to infringe theirs.
If no opposition is filed within two (2) months of the advertisement, however, the
applicant should proceed to have the mark registered by completing and lodging Form
TM. No. 10 accompanied by the prescribed registration fees. It must be noted that it is a
legal requirement that the registration process be completed within 12 months, otherwise
the application may be deemed to have been abandoned.
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