In Zambia, trademark registration is compulsory if you want to be granted and enforce exclusive rights over your mark. The country follows a “first-to-file” system, which means that, as a general rule, the first person or company to file the trademark will have the better legal position, even if someone else used it earlier. Only in exceptional cases can an unregistered trademark be protected.
To obtain protection, your application must be filed with the trademark section of the Patents and Companies Registration Agency (PACRA).
Zambia is also a member of the Madrid Protocol, so you can seek protection either by filing directly in Zambia or by extending an international (Madrid) registration to Zambia. We offer full support for trademark filing through the Madrid System.
There is no requirement to prove prior use of the trademark in Zambia for it to be registered.
If you file a combined trademark (for example, word + logo), your exclusive rights will cover the mark exactly as it was filed and registered. If you plan to use the word element and the logo separately, it is advisable to file additional applications for each element you wish to protect on its own.
If a third party later tries to register or use a trademark for similar goods or services, and their mark includes a main or distinctive part of your mark, you will have the right to oppose their application on grounds of confusing similarity.
If you would like the figurative or design elements of your mark to be taken into account in a Trademark Search Report for Zambia, you should contact us directly so we can confirm whether this service is available in this jurisdiction. In such cases, prices and estimated delivery times may vary.