9 January 2026
Last year, we shared news of Zambia’s long-awaited Trade Marks Act No. 11 of 2023 (“the Act”) being promulgated, which was a critical step in modernising the country’s trade mark administration. You can read our previous update here.
On 31 December 2025, the Patents and Companies Registration Agency (PACRA) issued a public notice confirming that the new Act is fully operational with effect from 26 December 2025, following the signature and publication of Statutory Instrument No. 86 of 2025 by the Minister of Commerce, Trade and Industry. This notice can be found here.
In the management of intellectual property (IP) portfolios, brand owners and IP practitioners should take note of the following key developments introduced by the Act:
- For the first time, service marks can be protected as standalone rights through classes 35 to 45 of the Nice Classification, in line with international specification practice.
- Applicants may now file multi-class trade mark applications, allowing a single application to cover several classes of goods and services. This replaces the previous system, which required separate applications per class and often resulted in increased filing costs.
- The Act replaces the old 7 and 14-year cycles for registration and renewal periods with the more standardised 10-year term.
- Not only does the Act expressly recognise new categories of marks such as collective marks, geographical indications and non-traditional marks (e.g. sounds, shapes, colours), it also introduces enhanced protection for well-known marks.
- The Act domesticates Zambia’s accession to the Madrid Protocol, paving the way for applicants to designate Zambia in applications for International Trademark Registrations (IRs). It is however worth noting that while the legislative framework is now in place, implementing Regulations and Madrid Protocol procedures are still in progress.
- Through the recognition of rights, together with strengthened civil, criminal and border-control enforcement mechanisms, the Act supports effective action against counterfeiting and trade mark infringement.
By ushering in the new year with a contemporary framework and repealing the outdated legislation, the reform of Zambia’s trade mark system symbolises a new era toward aligning with global standards.
We are monitoring developments around the Regulations and will update you on the procedural rules that may follow, particularly to facilitate IR filings.
As the Registry prepares its systems, our Africa team is well placed to assist brand owners active in or entering the Zambian market, with portfolio reviews, updating existing class coverage and filing strategies for trade marks to cover service classes in Zambia.
You are welcome to contact us at Von Seidels for further guidance on how these changes may affect your trade mark rights.
