Intellectual Property Lawyers Zambia 2026: Trade Marks Act No.11, Key Deadlines & Impact

Last updated: May 7, 2026

Zambia’s Trade Marks Act No.11 of 2023 came into force on 31 December 2025, replacing the decades-old Trade Marks Act (Cap 401) and fundamentally reshaping how brands are registered, maintained and enforced across the country. For intellectual property lawyers in Zambia and the brand owners they advise, 2026 is the first year in which transitional obligations, new renewal cycles, expanded opposition grounds and strengthened enforcement remedies all carry binding legal consequences. This guide translates the Act into the concrete deadlines, risk-sized action steps and litigation tactics that general counsel, IP managers and SMEs need right now to protect their Zambian trade mark portfolios.

Immediate 30 / 90 / 180-day action checklist:

• 0–30 days: Audit every existing Zambia trade mark registration. Confirm registration status with the Patents and Companies Registration Agency (PACRA). Identify any marks that have lapsed or require agent-detail updates.
• 30–90 days: File service mark applications for marks previously ineligible. Gather documentary evidence of use (invoices, advertising materials, packaging). Claim convention priority where applicable.
• 90–180 days: Recalculate renewal deadlines under the new 10-year regime. Prepare evidence bundles for anticipated oppositions. Coordinate with litigation counsel on the new provisional-measures framework.
• Ongoing (2026+): Monitor PACRA notices for subsidiary Regulations, updated fee schedules and practice directions. Preserve enforcement evidence as the courts begin applying the new Act.

What Changed: A Statutory Summary of the Trade Marks Act No.11

The Trade Marks Act No.11 of 2023 (assented 22 December 2023; published in the Government Gazette on 26 December 2023) modernises Zambia’s trade mark framework to align with international treaty standards, including the Paris Convention and TRIPS Agreement. Below is a summary of the core reforms that intellectual property lawyers in Zambia should communicate to every client with a local brand portfolio.

New Definitions and Classification

The Act introduces an expanded definition of “trade mark” that expressly encompasses service marks, collective marks and certification marks, categories that had no statutory basis under Cap 401. Classification now follows the Nice Classification system, and multi-class applications are permitted for the first time. This removes the need to file separate applications for each class of goods or services, reducing both cost and administrative burden for portfolio holders.

Registration Term and Renewal Changes

Under the new Act, an initial trade mark registration is valid for ten years from the filing date, with renewal available for successive ten-year periods. The prior regime under Cap 401 operated on a seven-year initial term followed by fourteen-year renewals. Rights holders must recalculate every upcoming trademark renewal deadline against the new statutory cycle. Failure to renew within the prescribed period, or within any grace period that the Registrar may allow, results in removal from the register.

Key Reforms at a Glance

• Service marks recognised. PACRA began accepting service mark applications in January 2026.
• Multi-class filing. A single application may now cover multiple Nice classes.
• Expanded opposition grounds. Third parties may oppose on broader relative and absolute grounds, including bad-faith filing.
• Provisional measures. Courts may grant interim injunctions and preservation orders on an ex parte basis where infringement is prima facie established.
• Enhanced criminal sanctions. The Act strengthens penalties for counterfeiting and wilful infringement.
• International alignment. Domestication of Paris Convention and TRIPS obligations facilitates convention priority claims and cross-border enforcement coordination.

Transitional Provisions for Trademarks: Who Is Affected

One of the most pressing questions for intellectual property lawyers in Zambia concerns the fate of existing registrations. The Trade Marks Act No.11 includes transitional provisions designed to bridge the gap between the old and new regimes. In broad terms, trade marks validly registered under Cap 401 at the commencement date (31 December 2025) continue in force and are deemed to have been registered under the new Act. However, continuation is not entirely passive, rights holders face several compliance triggers.

Re-Filing, Re-Classification and Evidence of Use

Existing registrations that were classified under the old domestic system may need to be re-classified to conform with the Nice Classification adopted by the new Act. While the transitional provisions preserve the validity of existing marks, PACRA may require proprietors to update classification details at the next renewal or upon any amendment application. Industry observers expect that PACRA will issue specific practice directions clarifying the re-classification timeline once subsidiary Regulations are finalised.

Evidence of use has also gained heightened importance. The new Act empowers the Registrar, and any interested third party, to seek removal of marks that have not been genuinely used within prescribed periods. Rights holders should begin compiling the following documentary proof now:

• Sales invoices and import/export records demonstrating commercial transactions under the mark in Zambia.
• Advertising and promotional materials, print, digital and broadcast, bearing the mark.
• Product packaging and labelling showing the mark as used in commerce.
• Sworn declarations or affidavits from company officers attesting to continuous use.

PACRA Notice and Registry Practice

PACRA published a public notice confirming the commencement of the Trade Marks Act No.11 on 31 December 2025 pursuant to Statutory Instrument No. 86 of 2025. The notice advised rights holders and agents to familiarise themselves with the new provisions and signalled that the registry would begin processing applications under the new framework from January 2026. At the time of writing, subsidiary Regulations setting out detailed procedural rules (forms, fee schedules, examination standards) have not yet been gazetted. Until those Regulations are published, the registry is operating on the basis of the Act’s substantive provisions supplemented by PACRA’s own practice directions.

Practitioners should monitor the PACRA notices page for updates on Regulations, new official forms and any interim filing guidance.

Key Deadlines and Intellectual Property Compliance Timeline

The table below consolidates every critical legislative date alongside the registry action triggered and the practical step each rights holder should take. This timeline is the single most important reference document for any trademark registration in Zambia audit conducted during 2026.

Rights holders whose renewal dates fall within the first 12 months of commencement should treat recalculation as an urgent priority. The difference between the old seven-year/fourteen-year cycle and the new ten-year cycle can shift deadlines by several years, and miscalculation risks inadvertent lapse.

Trademark Registration, Oppositions and Administrative Practice Under PACRA

The registration workflow under the Trade Marks Act No.11 follows a structured path from filing through examination, publication and, where challenged, opposition proceedings. Understanding each stage is essential for intellectual property lawyers in Zambia advising on new filings or defending existing marks.

Step-by-step registration workflow:

1. Filing: Submit the application to PACRA with the prescribed form, representation of the mark, list of goods/services by Nice class, and the filing fee.
2. Formal examination: The Registrar checks for compliance with formal requirements (completeness, classification accuracy, payment).
3. Substantive examination: The Registrar assesses the mark against absolute grounds for refusal (distinctiveness, descriptiveness, deceptiveness, public-policy conflicts).
4. Publication: Accepted applications are published in the Intellectual Property Journal to invite third-party objections.
5. Opposition: Any person may file a notice of opposition within the prescribed period after publication.
6. Registration: If no opposition is filed, or if opposition is resolved in the applicant’s favour, the Registrar proceeds to registration and issues a certificate.

Opposition Procedure

The new Act broadens the grounds on which a trade mark application may be opposed. In addition to prior rights and likelihood-of-confusion arguments, opponents may now raise bad-faith filing, conflict with well-known marks (as defined under the Paris Convention) and broader relative grounds. The opposition procedure requires the opponent to file a statement of grounds, after which the applicant files a counterstatement. Both parties may submit evidence, and PACRA may hold a hearing before the Registrar. Early indications suggest that the expanded grounds will increase opposition activity, particularly in sectors with heavy brand competition such as fast-moving consumer goods and telecommunications.

Service Marks and Multi-Class Applications

For the first time in Zambia, service mark applications are formally accepted by the registry. PACRA confirmed acceptance of service mark filings from January 2026. This is a significant development for businesses in banking, insurance, hospitality, logistics and professional services, sectors that previously had no statutory mechanism to register the marks under which they operated. Multi-class filing further streamlines portfolio management: a single application can now cover goods and services across multiple Nice classes, reducing duplication and fees.

Trademark Enforcement in Zambia: Remedies and Litigation Tactics

The enforcement provisions of the Trade Marks Act No.11 represent a material upgrade from the remedies available under Cap 401. For rights holders facing infringement in 2026, the new Act introduces a more comprehensive toolkit, and for infringers, substantially higher risk.

Interim and Provisional Measures

The Act expressly empowers courts to grant provisional measures, including interlocutory injunctions and orders for the preservation of evidence, on an ex parte basis where the applicant demonstrates a prima facie case of infringement and the risk of irreparable harm. This is a critical tactical advantage for brand owners. Under the prior regime, obtaining interim relief required clearing higher procedural thresholds and was frequently delayed by procedural complexity.

The likely practical effect is that trademark enforcement in Zambia will become faster and more aggressive. To obtain a provisional measure, applicants should be prepared to present:

• Certificate of registration (or evidence of application with priority) establishing rights in the mark.
• Evidence of infringement, trap purchases, photographs, screenshots of infringing goods/services, customs reports.
• Affidavit demonstrating urgency and the risk of irreparable harm if interim relief is not granted.
• Undertaking as to damages in the event the injunction is later found to have been wrongly granted.

Damages, Delivery Up and Criminal Sanctions

The Act provides for compensatory damages, including account of profits, as well as orders for the delivery up and destruction of infringing goods. Courts now have explicit statutory authority to consider the scale and commercial impact of infringement when quantifying awards. Criminal sanctions for counterfeiting and wilful infringement have been strengthened, with penalties including fines and imprisonment. For general counsel, this creates a dual-track enforcement strategy: civil proceedings for damages and injunctive relief, running parallel with criminal complaints to law-enforcement agencies where counterfeiting is involved.

Recommended tactical playbook for enforcement:

1. Cease-and-desist letter, put the infringer on notice and create a record of wilfulness.
2. Ex parte provisional measures, apply for evidence-preservation and interim injunction orders.
3. Full trial on merits, pursue damages, account of profits and permanent injunction.
4. Border measures, coordinate with customs authorities to detain suspected counterfeit goods at points of entry.
5. Criminal complaint, file a report with the Zambia Police Service where counterfeiting or wilful infringement is established.

Practical Checklist for Brand Owners, GCs and SMEs

The following table distils the compliance obligations under the Trade Marks Act No.11 into a role-specific action plan. Whether you are a multinational rights holder managing a cross-border portfolio, a local SME with a single Zambian registration, or in-house counsel coordinating across jurisdictions, these steps should be implemented immediately.

Key documentation to compile now:

• Certified copies of existing registration certificates.
• Powers of attorney (updated to reflect any agent changes).
• Evidence of use, invoices, advertising spend records, packaging photographs, website screenshots with dates.
• Assignment and licence agreements affecting Zambian marks.
• Priority documents for any convention filings.

The cost of inaction is real: failure to recalculate renewal dates, update agent details or compile evidence of use during this transitional window could result in the loss of valuable trade mark rights. Intellectual property lawyers in Zambia are advising clients to treat the first 180 days following commencement as a critical compliance window.

Conclusion

The Trade Marks Act No.11 of 2023 is not a minor legislative update, it is a wholesale modernisation of Zambia’s trade mark regime, and every brand owner with rights in this jurisdiction faces compliance obligations that are already running. From recalculating renewal deadlines and filing service mark applications to compiling evidence of use and preparing for the new enforcement landscape, the first 180 days following commencement represent a critical action window. Intellectual property lawyers in Zambia are central to navigating this transition, and rights holders who act early will secure the strongest possible position under the new framework. Explore our Zambia lawyer directory to connect with qualified counsel who can assist with portfolio audits, filings and enforcement strategy.

Sources

1. WIPO LEX, Trade Marks Act, 2023 (Act No.11 of 2023)
2. ZambiaLII, Trade Marks Act, 2023 (Act 11 of 2023)
3. Parliament of Zambia, Trade Marks Act No.11 of 2023 (PDF)
4. PACRA, Public Notices
5. Spoor & Fisher, Zambia: Service Mark Applications
6. Adams & Adams, Zambia Ushers in a New Era with Modernised Trade Marks Act
7. Lexology, Zambia Trade Marks Act Coverage