| Office | The Patents and Companies Registration Agency (PACRA), a statutory body established under the Patents and Companies Registration Agency Act 2020 and headed by the Registrar, who is also its chief executive; trademarks are handled by its intellectual property department. Website and search links: IP Toolbox. |
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| Legal basis | The Trade Marks Act, 2023 (Act No. 11 of 2023), brought into force in December 2025 by Statutory Instrument No. 86 of 2025, repealing the Trade Marks Act of 1958 (Cap. 401); the draft Trade Marks (General) Regulations and Trade Marks (Madrid Protocol) Regulations were put out for comment in November 2025 and had not been issued as at the date of checking, so PACRA's forms and fees still follow the old Trade Marks Regulations |
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| Madrid System | Member of the Madrid Protocol (since 15 November 2001), not of the Madrid Agreement; section 154 of the new Act empowers the Minister to implement the Protocol by regulations, and until they are issued it remains unclear how an international registration designating Zambia is examined in Zambia and when it takes effect |
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| ARIPO | Zambia is an ARIPO member state (Lusaka Agreement 1978; Harare Protocol on patents and designs 1986) but not a contracting state of the Banjul Protocol on marks (ARIPO's list as at 1 January 2026), so an ARIPO trademark application cannot designate Zambia; the new Act has no provision recognising ARIPO marks either |
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| Multi-class applications | The new Act allows one application to cover several classes, with fees paid per class; until the regulations are issued PACRA still uses the old forms, and whether a multi-class application can actually be filed is for the agent to confirm with PACRA |
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| Local agent | An applicant not resident in Zambia must file through a registered trademark agent domiciled in Zambia; agents must be lawyers with at least 5 years' practice or pass a PACRA-approved examination, and be registered with PACRA; the power of attorney (Form TM 1) must be recorded and carries a fee |
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| Fee currency | Zambian kwacha (ZMW), converted from statutory "fee units" (currently ZMW 0.40 per unit); foreign applicants pay higher rates than local applicants, the filing fee being 3 times higher |
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| Scope of examination | After formal examination, substantive examination of absolute grounds such as distinctiveness and an ex officio search of earlier applications and registrations; a similar earlier mark leads to refusal, but a mark can be registered with the written consent of the earlier right holder |
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| Replying to an examination report (statutory) | 60 days from the notice of intended refusal to amend or submit arguments, otherwise the application is refused; an appeal lies to the High Court within 3 months |
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| Publication and opposition period (statutory) | After acceptance, the applicant must pay for publication in the monthly Intellectual Property Journal within 90 days or the application is deemed abandoned; oppositions may be filed within 60 days of publication, and the applicant has 60 days from receiving the opposition to file a counter-statement |
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| Term and renewal | 10 years from the filing date, with the registration date backdated to the filing date; renewals of 10 years each, filed within the 6 months before expiry, with a late renewal possible within 6 months after expiry on payment of a surcharge; registrations granted under the old Act for 7 or 14 years run to expiry and are then renewed under the new Act |
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| Consequences of non-use (statutory) | A mark unused for 5 or more consecutive years can be removed from the register on application by an interested person; a right holder who has knowingly acquiesced in another's use for 5 years can no longer oppose or apply for cancellation |
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| Filing fees (foreign applicants) | Filing fee ZMW 2,000 per class; on acceptance, publication fee ZMW 500 and registration fee ZMW 2,000; recording the power of attorney ZMW 266.80 |
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| Online filing | Since 1 July 2025 new trademark applications are filed only through PACRA's online system by the agent; since 19 August 2026 registration certificates are issued only electronically to the e-mail address given in the application |
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