Zambia has enacted the Trade Marks Act No. 11 of 2023, repealing the former Trade Marks Act (Cap. 401), which had governed trademarks since 1958. The new Act, now in force as of 31 December 2025, introduces a modernised framework for trademark protection and represents a significant update to Zambia’s intellectual property regime.
Importantly, the reform brings Zambia’s trademark system closer to contemporary international standards while providing clearer legal foundations for both domestic and foreign applicants.
Although implementing regulations under the new Act are yet to be issued, the Registry continues to apply regulations from the previous regime. Consequently, existing forms and official fees remain in use for the time being.
Below are the principal changes introduced by the 2023 Act.
1. Repeal of the Previous Regime
To begin with, the former Trade Marks Act (Cap. 401), which had remained in place for decades, has now been formally repealed. In its place, the 2023 Act introduces updated definitions, clearer procedures, and modern enforcement provisions designed to reflect present-day commercial realities.
This transition marks the foundation of Zambia’s updated trademark framework.
2. Recognition of Service Marks
One of the most significant developments under the new Act is the express recognition of service marks.
Previously, service mark protection was not clearly structured, and applicants often relied on indirect or imperfect classification approaches. The 2023 Act now expressly permits formal registration in service classes (Classes 35–45 under the Nice Classification), thereby aligning Zambia with international practice.
As a result, the reform is particularly relevant to:
- Financial institutions
- Telecommunications operators
- Hospitality businesses
- Technology and digital platforms
- Professional service providers
Accordingly, Trademark owners currently using service marks in Zambia should consider securing formal registration under the new framework.
3. The Act introduces the ability to file multi-class trademark applications.
In addition to recognising service marks, the Act introduces the ability to file multi-class trademark applications.
Applicants may now include multiple classes of goods and services within a single application. This represents a meaningful procedural shift from the previous single-class system.
However, while earlier regulations remain in use:
- Official fees continue to be calculated per class; and
- Administrative practice remains transitional.
Nevertheless, the reform simplifies filing strategy and provides greater structural flexibility going forward.
4. Protection of Well-Known Marks
The Act also strengthens protection for well-known trademarks. In doing so, it aligns more closely with international standards reflected in the Paris Convention and the TRIPS Agreement.
Under the revised framework, there are clearer grounds for refusing or challenging registrations that conflict with earlier well-known marks. Consequently, this development is particularly significant for international brands entering or expanding within the Zambian market.
5. Uniform 10-Year Term of Protection
Another important change concerns the term of protection.
Under the previous regime:
- Initial registration lasted 7 years; and
- Renewals were granted for 14-year periods.
By contrast, the new Act standardises both registration and renewal terms at 10 years.
Specifically:
- All new registrations are valid for 10 years.
- Existing registrations remain valid until their current expiry date.
- Upon renewal, they transition to the new 10-year cycle.
This harmonisation brings Zambia in line with prevailing international practice.
6. Introduction of New Categories of Marks
Furthermore, the 2023 Act expands the scope of registrable subject matter.
Newly recognised categories now include:
- Collective marks
- Geographical indications
In addition, the definition of a trademark has been broadened to encompass non-traditional marks, such as:
- Sounds
- Colours
- Shapes
- Packaging configurations
- Other distinctive non-traditional identifiers
Taken together, these changes reflect a more modern approach to Trademark protection and accommodate evolving branding practices.
7. Enhanced Enforcement and Border Measures
The new legislation also strengthens the statutory framework for enforcement.
More specifically, it provides clearer recognition of infringement and available remedies, including:
- Civil remedies
- Criminal liability
- Border-control measures
While enforcement remains subject to judicial processes, the updated statutory language provides greater clarity for rights holders. Compared to the previous Act, the framework now reflects a more structured approach to anti-counterfeiting and infringement enforcement.
8. Domestication of the Madrid Protocol
Finally, the Act formally domesticates Zambia’s accession to the Madrid Protocol.
This provides clearer statutory support for designating Zambia in International Registrations filed through WIPO. Although further implementing regulations are expected, the legislative basis for Madrid designations is now expressly reflected in domestic law.
As a result, foreign applicants may approach Madrid-based filings involving Zambia with greater legal certainty.
Practical Implications
In light of these reforms, businesses operating in Zambia should consider:
- Reviewing existing trademark portfolios
- Filing service marks where applicable
- Considering multi-class filings for broader protection
- Monitoring for conflicting applications
- Ensuring timely renewals and regulatory compliance
Similarly, foreign trademark owners entering Zambia may benefit from proactive filings to minimise the risk of conflicting registrations.
Conclusion
Overall, the Trade Marks Act No. 11 of 2023 represents a substantial modernisation of Zambia’s trademark regime.
By introducing formal service mark registration, recognising well-known marks, enabling multi-class filings, domesticating the Madrid Protocol, expanding registrable subject matter, and strengthening enforcement provisions, Zambia has moved decisively toward alignment with contemporary international standards.
Accordingly, brand owners with commercial activity in Zambia should assess how these reforms may affect their existing and future trademark protection strategy.
Need Guidance on Zambia’s New Trade Marks Act?
AT Nextmark Attorneys, we advise brand owners on Trade and Service Mark registration, multi-class filings, Madrid Protocol designations, and enforcement strategy in Zambia and across African jurisdictions.
