How to Register a Trademark in Zambia (2026), PACRA Filing, Fees, Classes & Oppositions

Understanding how to register a trademark in Zambia has become materially more important since the Trade Marks Act No. 11 of 2023 became operational on 31 December 2025, replacing the decades-old Trade Marks Act (Chapter 401). The Patents and Companies Registration Agency (PACRA) simultaneously migrated trademark applications to a mandatory online portal, effective 1 July 2025, meaning paper-based filings for new marks are no longer accepted. This guide walks Zambian business owners, in-house counsel, IP agents and foreign brand holders through every stage of the PACRA trademark registration process, from pre-filing searches and portal account setup through fee payment, class selection, publication, opposition and renewal under the new regime.

Quick Checklist, Can You Register This Mark in Zambia?

Before investing time and filing fees, applicants should confirm that the proposed sign qualifies for protection. The Trade Marks Act 2023 broadened the range of registrable marks, but key eligibility rules and prohibitions still apply.

What Can Be Trademarked?

According to PACRA’s service information page, a registrable trademark may consist of words, names, letters, numerals, figurative elements (logos), colours, shapes of goods or their packaging, or any combination of these, provided the sign is capable of graphic representation and is capable of distinguishing the goods or services of one enterprise from those of another. The new Act also expressly provides for the registration of service marks, a category that was not formally recognised under the old regime.

Absolute and Relative Grounds for Refusal

The Registrar will refuse an application on absolute grounds if the mark is devoid of distinctive character, is purely descriptive of the goods or services, has become customary in current trade language, or is deceptive or contrary to public order or morality. Marks that incorporate national emblems, official signs or hallmarks of Zambia, or of any state party to the Paris Convention, without authorisation are likewise prohibited. On relative grounds, a mark will be refused if it is identical or confusingly similar to an earlier registered mark covering the same or similar goods or services.

The new Act also introduces enhanced protection for well-known marks, meaning that even an unregistered mark with significant reputation in Zambia may form the basis for a refusal or opposition.

How to Register a Trademark in Zambia, Step-by-Step PACRA Filing

The PACRA trademark registration process follows a clear sequence: search, prepare documents, file electronically, pay staged fees, await examination, endure the publication window and, absent opposition, receive your certificate. The sections below break each stage into practical steps.

Pre-Filing, Run a Trademark Search on PACRA

A thorough trademark search is the single most effective way to avoid a costly refusal or opposition later. PACRA maintains a searchable register that applicants can query before filing. When conducting a trademark search on PACRA, focus on the following:

1. Exact-match search. Enter the proposed word mark exactly as intended and note any identical or near-identical results.
2. Phonetic and visual variants. Search for phonetically similar spellings, abbreviations and transliterations, the Registrar assesses overall impression, not just spelling.
3. Class-specific filtering. Narrow results to the International Classification of Goods and Services (ICGS, also called the Nice Classification) classes you intend to cover. A similar mark in a completely unrelated class may not block your filing, but a similar mark in the same or a related class almost certainly will.
4. Record your results. Save or screenshot the search output. If a clearance search reveals a potential conflict, consider modifying the mark or obtaining consent from the earlier owner before filing.

Industry observers expect the PACRA portal search function to be progressively enhanced throughout 2026, but applicants filing in the interim should treat the online database as indicative and, for high-value brands, supplement it with a professional search conducted by a Zambian IP practitioner.

Create a PACRA Portal Account and Prepare Required Documents

All new trademark applications must be submitted through the PACRA online portal. To create an account, navigate to the PACRA website, select “Online Services” and follow the registration prompts. Applicants will need to provide:

• Full legal name and address of the applicant (individual or entity).
• A clear representation of the mark. For word marks, a typed rendering is sufficient. For device (logo) marks, upload a high-resolution image file in the format and dimensions specified by the portal.
• Power of Attorney (POA). Required when the application is filed through an agent or attorney. Practitioners and service providers note that PACRA accepts a simply signed POA, notarisation or legalisation is not generally required for trademark filings, although applicants should confirm the current position with PACRA at the time of filing.
• Priority documents. If claiming convention priority under the Paris Convention, attach a certified copy of the earlier application and, where necessary, a verified English translation.
• Specification of goods or services. Draft a clear list of goods or services within each chosen ICGS class.

Completing the Application Form on the PACRA Portal

The online application form mirrors the structure of the traditional paper form (historically designated TMForm30 on PACRA’s website). Key fields and practical tips are set out below.

One of the most significant changes introduced by the Trade Marks Act 2023 is the ability to file a single application covering multiple classes. Under the old regime, each class required a separate application and a separate fee payment. Multi-class filing streamlines the process for brand owners seeking broad protection across several goods-and-service categories.

Filing, Acknowledgement and Provisional Reference Number

Once the completed form and supporting documents have been uploaded and the application fee paid through the PACRA portal, the system generates an acknowledgement and a provisional reference number. This reference number should be recorded and quoted in all subsequent correspondence with PACRA. Early indications suggest that applicants typically receive their acknowledgement within one to two business days of successful submission and payment.

Trademark Fees in Zambia, Costs, Classes and Payment Stages

Fees for PACRA trademark registration are payable in stages rather than as a single lump sum. According to PACRA’s service information page, the fee structure for local applicants is as follows:

For foreign-based applicants, PACRA’s service information page indicates a higher total fee of K 3,500, likewise payable in three stages. Applicants should verify the current fee schedule directly on the PACRA service information page before filing, as fees are subject to periodic revision.

Professional fees charged by Zambian IP attorneys or filing agents are separate from the official PACRA fees and vary depending on the complexity of the application, the number of classes and whether opposition proceedings arise.

Choosing Trademark Classes, Practical Tips and Examples

Zambia follows the International Classification of Goods and Services (Nice Classification), which divides all goods and services into 45 classes (Classes 1–34 for goods, Classes 35–45 for services). When selecting trademark classes in Zambia, consider these practical points:

• Map your actual business activities. A restaurant chain might need Class 43 (restaurant services) and Class 30 (foodstuffs), while a software company might need Class 9 (software) and Class 42 (software development services).
• Anticipate expansion. If you plan to launch a new product line within the next few years, filing in those classes now is far cheaper than filing a new application later.
• Avoid over-claiming. Excessively broad specifications invite objections from the Registrar and increase the risk of third-party opposition.

Examination, Publication and the Trademark Opposition Process in Zambia

After a trademark application is filed and the application fee paid, PACRA conducts a substantive examination. The Registrar assesses the mark against both absolute grounds (distinctiveness, deceptiveness, public policy) and relative grounds (conflict with earlier marks). If the application passes examination, it is accepted and published for opposition.

Publication, What Appears in the Journal and How to Monitor

Accepted marks are published in the Trade Marks and Patents Journal, an official gazette maintained by PACRA. The publication entry typically includes the applicant’s name, the mark representation, the class(es) and the specification of goods or services. The publication window runs for approximately two to three months, during which any interested party may file a notice of opposition. Brand owners with existing registrations should monitor the Journal regularly, or instruct an IP agent to do so, in order to identify potentially conflicting applications before the opposition deadline expires.

Opposition Process, Step by Step

The trademark opposition process in Zambia allows any person who believes they would be harmed by the registration of a published mark to challenge the application. The typical opposition sequence is as follows:

1. Filing a notice of opposition. The opponent files a notice setting out the grounds of opposition within the prescribed period after publication.
2. Counterstatement by the applicant. The applicant is given an opportunity to file a counterstatement responding to each ground of opposition.
3. Evidence rounds. Both parties exchange evidence, typically statutory declarations or affidavits, supporting their respective positions. Evidence may include proof of earlier use, marketing materials, sales figures and consumer surveys.
4. Written submissions or hearing. The Registrar may decide the matter on the basis of written submissions, or the parties may request an oral hearing.
5. Decision. The Registrar issues a decision that may result in acceptance of the application, refusal, partial acceptance (limiting the specification) or, if the parties reach agreement, withdrawal of the opposition.

The table below summarises the key legislative and procedural differences between the old and new trademark regimes in Zambia.

If Your Trademark Application Is Opposed, Practical Response Steps

Receiving a notice of opposition can be unsettling, but it does not mean the application is lost. A structured, evidence-driven response significantly improves the prospects of a favourable outcome. The following tactical guidance applies to applicants whose marks have been opposed during the publication window.

First, review the opposition notice carefully. Identify each ground cited and assess whether the opponent holds a genuinely earlier right or is asserting a speculative claim. Second, gather evidence of your own use and goodwill in the mark, invoices, advertising spend, distribution agreements and any media coverage are all relevant. Third, consider whether settlement is viable: in many cases, a coexistence agreement or a narrowing of the specification can resolve the dispute more quickly and cheaply than contested proceedings.

If the matter proceeds to a full evidence exchange and hearing, costs exposure increases substantially. Applicants should factor in attorney fees, evidence preparation time and the possibility that the Registrar may award costs to the successful party. Where the commercial stakes are high, it may be appropriate to seek interlocutory relief from the courts to prevent the opponent from exploiting the mark during the pendency of proceedings.

Sample Response Checklist, Documents to File and Deadlines

• Counterstatement. File within the prescribed deadline after receiving the notice of opposition, failure to respond may result in the application being deemed abandoned.
• Statutory declarations / affidavits. Prepare sworn evidence addressing each ground of opposition, supported by exhibits.
• Proof of use. Dated invoices, packaging samples, screenshots of online storefronts, advertising contracts.
• Priority or convention documents. If priority is in dispute, certified copies of the earlier foreign application.
• Written submissions. A legal memorandum summarising the factual and legal basis for the application’s acceptance.

Trademark Renewal in Zambia, Lapse and Post-Registration Enforcement

Under the Trade Marks Act 2023, a registered trademark is valid for 10 years from the date of filing and may be renewed for successive 10-year periods. This represents a significant change from the previous 7-year initial term. Renewal applications should be filed before the expiry date, and PACRA provides a grace period following advertisement of non-renewal during which the mark may still be restored upon payment of the renewal fee and any applicable late penalty.

If a mark is not renewed and lapses, the former owner may need to file a fresh application, which carries the risk that a third party may have filed or begun using a similar mark in the intervening period. Proactive diary management is therefore essential. Post-registration, trademark owners should also monitor the market for infringement and take enforcement action promptly, a registered mark that is not used or defended may become vulnerable to cancellation for non-use.

Practical Tips, Common Errors and Filing Checklist

Even experienced applicants occasionally make errors that delay or derail a trademark filing. The table below flags the most common mistakes and how to avoid them.

As a quick-reference resource, applicants should compile a one-page filing checklist covering: PACRA search completed, mark representation prepared, ICGS classes identified, POA signed (if using an agent), priority documents collected, portal account created and fee payment method confirmed.

Conclusion, Filing a Trademark in Zambia in 2026

The combination of the Trade Marks Act 2023 and PACRA’s mandatory online portal means that 2026 is a pivotal year for anyone seeking to understand how to register a trademark in Zambia. Applicants should act methodically: run a thorough PACRA search, prepare a precise specification, create a portal account, file electronically and monitor the Trade Marks Journal during the publication window. Where opposition arises, early legal advice and strong evidence are the best safeguards. For filings, oppositions or enforcement strategy, engaging a qualified Zambian intellectual property practitioner remains the most reliable route to securing and maintaining trademark rights in Zambia.

Sources

1. PACRA, Trademark Applications Go Online
2. PACRA, What Can I Trademark? (Service Information & Fees)
3. Parliament of Zambia, Trade Marks Act No. 11 of 2023
4. Bowmans, Zambia: A New Era for Trademark Registration and Protection
5. PACRA, TMForm30 (Trademark Application Form)
6. Adams & Adams, Implementation of Online Trade Mark Filing System
7. Spoor & Fisher, Zambia’s New Trade Marks Act Now in Force
8. INTA, Comments on Zambia’s Draft Trade Marks Regulations 2025
9. Lexology, At a Glance: Trademark Registration and Use in Zambia