On December 26, 2025, Zambia’s Trademarks Act No. 11 of 2023 entered into force, replacing the Trademarks Act of 1958. The new legislation constitutes the most significant reform of Zambia’s trademark regime in more than six decades and reflects a clear policy choice to align national trademark law with contemporary international standards.

At present, and pending the adoption of new implementing regulations, the Act is being applied together with the Trademark Regulations of 1994. Official fees remain unchanged.

Expansion of Registrable Subject Matter

A central feature of the new Act is the formal introduction of service marks, bringing Zambia into line with prevailing international practice. The Act also significantly expands the categories of registrable marks, expressly providing protection for collective marks, certification marks, well-known marks, and geographical indications, and extending the definition of a trademark to cover non-traditional marks.

The Act further recognizes marks incorporating the name or image of a known person, subject to consent, as well as national symbols and official signs of convention countries, again subject to consent. These provisions reflect a broader and more nuanced approach to trademark distinctiveness and registrability.

Modernization of Filing and Examination Procedures

From a procedural perspective, the Act introduces several mechanisms aimed at improving flexibility and legal certainty. These include the possibility of filing multi-class applications, dividing applications, and relying on honest concurrent use in appropriate cases. An application may also be filed on the basis of an intention to use, and the Act expressly provides for substantive examination.

Taken together, these measures bring Zambia closer to examination systems found in many established trademark jurisdictions and reduce reliance on purely formal examination.

Opposition, Refusal, and Infringement

The Act clarifies both absolute and relative grounds for refusal, including conflicts with well-known marks. Of particular note is the treatment of acquiescence: a period of five years or more will no longer prevent opposition against registration or use, signaling a more robust approach to register integrity.

Infringement is defined with reference to likelihood of confusion, while reputation is expressly taken into account where unfair advantage is taken of, or detriment caused to, the distinctive character or repute of a registered mark. Available remedies include injunctions, damages, accounts of profits, delivery-up, and royalties. The Act also introduces mechanisms to prevent groundless threats of infringement proceedings.

Provisional Measures, Border Control, and Counterfeiting

The legislation introduces specific evidence-preserving provisional measures and establishes a framework for border measures and counterfeiting offences. These provisions significantly strengthen enforcement options and reflect a growing emphasis on cross-border trademark protection and anti-counterfeiting enforcement.

Domestication of the Madrid Protocol

One of the most internationally relevant aspects of the new Act is the domestication of the Madrid Protocol. In principle, this enables international trademark registrations to designate Zambia and integrates the country into the global trademark registration system.

In practice, however, the absence of implementing regulations leaves several key procedural questions unresolved, including designation procedures, examination timelines, refusal mechanisms, and applicable fees. As matters currently stand, international registrations designating Zambia cannot yet proceed seamlessly to registration. These uncertainties are compounded by ongoing digitization challenges at the national registry.

Concluding Observations

Zambia’s new Trademarks Act represents a decisive move toward a modern, internationally aligned trademark system. Substantively, the Act introduces long-awaited protections and procedural tools that will be familiar to practitioners operating across multiple jurisdictions. Procedurally, however, the full impact of the reform will depend on the timely issuance of implementing regulations, particularly in relation to the Madrid system.

From an international perspective, the Act signals Zambia’s intent to participate more fully in the global trademark framework, while the transitional phase highlights the practical challenges that often accompany significant legislative reform.

For further information on trademark filings and enforcement in Zambia, write to news@sabaip.com.