3 March 2026
Following our recent update on Zambia’s Trade Marks Act No. 11 of 2023 (“the Act”) coming into force (which you can read here), we have now started to see how the new framework is operating in practice.
From our experience thus far, the transition from legislation to practice is well underway, despite no new regulations being in place yet. We have noted the following practical developments so far:
- While the new Act does allow for multi-class applications, the Registry is still waiting for the necessary forms to be promulgated before multi-class filings can be processed. For the time being, therefore, it is still necessary to file single-class applications.
- The Registry is officially accepting and processing applications in service classes. Although the new regulations and forms required under the Act remain pending, the Registry has adopted a practical approach by starting to process service class filings under the existing procedural framework.
- With service class filings now available, the practice of retaining service-related wording in an existing goods class specification may be viewed as inconsistent with current classification principles. It is not mandatory to amend existing goods class specifications to remove service-related wording that was previously used to extend some form of protection to service offerings before the new Act. However, we recommend amending such specifications to better align class coverage with the current legal framework and potentially reduce the risk of examination issues or ambiguity.
It remains important for applicants to be aware that Zambia is in a transitional phase, with the new regime continuing to evolve in practice.
We are happy to assist with service class filings and are closely monitoring developments surrounding the Regulations, the procedural rules expected to follow, as well as progress on the implementation of multi-class filings.
Our Africa team remains well placed to assist brand owners navigate the Zambian trade mark landscape and will keep you posted on how the new Act continues to unfold on the ground.
