Zambia's Trade Marks Act 2023 (in Force 2026): What Brand Owners and Counsel Must Do Now

Zambia’s intellectual-property landscape changed fundamentally when the Patents and Companies Registration Agency (PACRA) issued its notice on 30 December 2025 confirming that the Trade Marks Act No. 11 of 2023 had been operationalised through Statutory Instrument No. 86 of 2025. The Zambia Trade Marks Act 2026 regime, as the new framework is now commonly referenced, replaces the outdated Trade Marks Act, Chapter 401 of the Laws of Zambia, which had governed trademark registration Zambia since 1958. For brand owners, in-house counsel and trademark agents, the new Act introduces multi-class filings, extends protection to service marks and nontraditional marks, strengthens well-known mark provisions, modernises opposition and cancellation procedures, and expands enforcement remedies to include criminal sanctions and border measures.

This guide delivers the practical, step-by-step compliance roadmap that rights-holders need right now.

Executive Summary, What the 2023 Act Changes and Why You Must Act Now

The Trade Marks Act No. 11 of 2023 is not a cosmetic amendment, it is a comprehensive replacement of Zambia’s prior trade marks legislation. Brand owners and their advisers should focus on six headline changes:

• Multi-class filings now permitted. A single application may cover goods and services across multiple Nice Classification classes, reducing administrative burden and cost.
• Service marks and nontraditional marks recognised. The Act formally extends registrability to service marks, colour marks, shape marks and other nontraditional signs, categories previously unregistrable in Zambia.
• Stronger protection for well-known marks. Provisions aligned with the Paris Convention and TRIPS Agreement allow enforcement of well-known marks even without a local registration.
• Modernised opposition and cancellation framework. New grounds, clearer timelines and broader standing to oppose trademark registration in Zambia give rights-holders more effective tools to challenge conflicting applications.
• Expanded enforcement remedies. Civil remedies, criminal offences and customs/border measures are codified, providing a full-spectrum approach to trademark enforcement Zambia.
• Transitional provisions for existing registrations. Marks registered under Chapter 401 are preserved, but owners should verify their records and consider whether multi-class consolidation or fresh filings are strategically advantageous.

Industry observers expect the practical effect of these reforms to be significant: Zambia’s trade mark system is now substantially aligned with international best practice, making it a more attractive and predictable jurisdiction for brand protection across Southern Africa.

Key Dates, Commencement and Transitional Deadlines Under the Zambia Trade Marks Act 2026

Understanding the timeline is critical for compliance planning. The PACRA Trade Marks notice published on 30 December 2025 confirmed that the Act was brought into operation by Statutory Instrument No. 86 of 2025, with an effective date of 31 December 2025. In practical terms, PACRA began accepting filings under the new regime in early January 2026.

Rights-holders who have not yet reviewed their Zambian portfolios should treat the 90-day window from commencement as an urgent internal deadline. Early indications suggest that PACRA’s processing capacity is ramping up steadily, and filing early positions applicants ahead of any backlog.

What’s New, Summary of Substantive Legal Changes

Multi-Class Filings

Under the former Chapter 401, each Nice Classification class required a separate application. The Trade Marks Act No. 11 of 2023 now permits multi-class trademark Zambia filings, a single application covering, for example, Classes 9, 35 and 42. This aligns Zambia with the approach taken across most ARIPO member states and the Madrid system. The practical benefit is a streamlined filing process and potentially lower aggregate fees, although applicants should still weigh the tactical advantages of single-class filings (discussed below in the prosecution section).

Service Marks and Nontraditional Marks

The 2023 Act expressly defines and accommodates service marks, marks used to distinguish services rather than goods. It also opens the door to registration of nontraditional marks, including colour combinations, three-dimensional shapes, sound marks and other signs capable of graphical representation. For businesses in the technology, hospitality, financial services and telecommunications sectors, this is a particularly significant development that enables protecting intellectual property across borders with consistency.

Well-Known Marks

The Act introduces specific provisions for well-known marks Zambia, implementing Paris Convention (Article 6bis) obligations. A mark recognised as well-known in Zambia, even if not registered locally, may form the basis for opposing a conflicting application or seeking cancellation of a registered mark. This is a critical tool for multinational brand owners who have not yet obtained Zambian registrations.

Collective Marks and Geographical Indications

The new framework provides for the registration of collective marks and, through associated provisions, creates a mechanism for protecting geographical indications (GIs). These provisions will be particularly relevant to agricultural cooperatives, producer associations and regional branding initiatives.

Honest Concurrent Use

The Act codifies the doctrine of honest concurrent use, allowing the Registrar to accept a mark for registration where two or more parties have concurrently and honestly used identical or similar marks. This long-recognised common-law principle is now given express statutory footing, providing greater certainty for applicants and opponents alike.

Immediate Compliance Checklist for Brand Owners and Counsel

The following numbered checklist sets out the priority actions that brand owners and their advisers should complete within the next 90 to 180 days. It directly answers the question most frequently asked since the Act came into force: what must we do now?

1. Portfolio audit. Compile a complete list of all Zambian trade mark registrations and pending applications. Cross-reference against the goods and services actually in use or planned. Identify gaps, particularly for service marks that were previously unregistrable.
2. Ownership and agent records. Verify that all ownership details recorded at PACRA are accurate and up to date. If your local agent has changed, file the relevant notice of appointment.
3. Multi-class strategy decision. Assess whether existing single-class registrations should be supplemented with new multi-class applications to cover additional classes or whether consolidation offers a cost advantage.
4. Service mark filings. If your brand operates in the services sector and has not previously been able to register in Zambia, prepare and file service mark applications immediately.
5. Renewal calendar check. Confirm that renewal dates for all existing registrations are calendared. Marks registered under Chapter 401 remain valid but must be renewed within the periods specified by the new Act.
6. Watch and monitoring services. Instruct your local agent or a trade mark watch provider to monitor the Zambian Trade Marks Journal for conflicting applications. The new opposition provisions are only useful if you have timely notice of threats.
7. Enforcement readiness. Review your anti-counterfeiting strategy. The expanded criminal and border-measure provisions mean that customs recordation and cooperation with enforcement authorities should be part of your standard toolkit. Understanding the importance of IPR protection is foundational here.
8. Brief local counsel. If you do not have a relationship with Zambian IP counsel, establish one. The procedural and evidentiary requirements under the new Act require local expertise.

Filing and Prosecution Under the Zambia Trade Marks Act 2026, Step by Step

Preparing an Application

Applications for trademark registration Zambia under the new Act should include: the applicant’s full name and address; a clear representation of the mark; a specification of goods and/or services classified according to the Nice Classification; a signed power of attorney (where a local agent is appointed); and any priority claim under the Paris Convention. For nontraditional marks, additional representations (e.g., colour codes, sound files) may be required.

Filing Options, Multi-Class Versus Single-Class Strategy

The table below compares the two approaches to help rights-holders decide which strategy best suits their needs:

For brand owners with broad portfolios, a blended approach is often optimal: use multi-class filings for core house marks and single-class filings for marks that may need to be assigned or licensed separately.

Examination, Advertisement and Acceptance

PACRA examines each application for compliance with formal requirements and substantive registrability (distinctiveness, descriptiveness, conflict with prior marks). Accepted applications are advertised in the Trade Marks Journal. If no opposition is filed within the statutory period, the mark proceeds to registration.

Madrid Protocol Interplay

Zambia is a member of the Madrid Protocol, and international registrations designating Zambia continue to be processed through PACRA. The new Act accommodates Madrid designations, but applicants should ensure that their international specifications align with Zambian practice and that a local correspondent agent is appointed to handle any office actions or oppositions.

Oppositions, Cancellations and Administrative Remedies

Grounds and Timelines for Opposition

Any person wishing to oppose a trademark registration in Zambia may file a notice of opposition within the statutory period following advertisement. Typical grounds include:

• Prior rights. The opponent owns an earlier registration or unregistered right that would be infringed.
• Likelihood of confusion. The applied-for mark is confusingly similar to the opponent’s mark for related goods or services.
• Bad faith. The application was filed in bad faith, for example to misappropriate the goodwill of a well-known mark.
• Descriptiveness or lack of distinctiveness. The mark does not meet the substantive requirements for registration.
• Well-known mark protection. The application conflicts with a mark recognised as well-known in Zambia.

Opposition Procedure, Sample Timeline

1. Mark advertised in the Trade Marks Journal.
2. Notice of opposition filed within the prescribed period.
3. Applicant files counter-statement.
4. Both parties file evidence (statutory declarations / affidavits).
5. Hearing before the Registrar (or written submissions if agreed).
6. Registrar’s decision issued; right of appeal to the High Court.

Cancellation Actions

The Act also provides for the cancellation (rectification or removal) of registered marks on grounds including non-use, invalidity or fraud. Cancellation proceedings may be initiated before the Registrar or, in certain circumstances, directly before the High Court. For guidance on dispute resolution structures and how to navigate international intellectual property regimes, practitioners should consult both the Act and available institutional commentary.

Enforcement and Remedies, Civil, Criminal and Border Measures

Civil Remedies

The Trade Marks Act No. 11 of 2023 codifies a range of civil remedies for trademark enforcement Zambia, including:

• Injunctions. Interim and permanent injunctions to restrain infringing use.
• Damages or an account of profits. The rights-holder may elect between compensatory damages and disgorgement of the infringer’s profits.
• Delivery-up and destruction. The court may order the delivery-up and destruction of infringing goods, materials and implements.
• Declaratory relief. Declarations of infringement or non-infringement are available.

Criminal Offences

The Act introduces specific criminal offences for counterfeiting and unauthorised use of registered marks. Penalties may include fines and imprisonment. These provisions signal Zambia’s commitment to taking trademark infringement seriously and provide an additional deterrent beyond civil litigation. Understanding essential intellectual property clauses in employment contracts can help businesses reduce internal infringement risks at the same time.

Customs and Border Measures

For the first time, the Act provides a statutory basis for customs cooperation and border seizure of counterfeit goods. Rights-holders can record their marks with customs authorities and request the detention of suspect consignments at ports of entry. Industry observers expect this provision to be particularly valuable for consumer-goods companies battling cross-border counterfeiting in Southern Africa.

Interim Relief

Applications for interim (interlocutory) injunctions may be made to the High Court on an urgent basis. Practitioners should be prepared to demonstrate a prima facie case of infringement, irreparable harm and a balance of convenience favouring the applicant.

Practical Litigation and Settlement Tips for Counsel

Litigating trade mark disputes under the new Act requires familiarity with both the statutory procedures and the practical realities of Zambian court practice. Key recommendations for counsel include:

• Evidence preservation. Gather and preserve evidence of infringement early, including purchase samples, photographs, online listings and customs records. Statutory declarations should be detailed and supported by documentary exhibits.
• Provisional measures. Consider applying for Anton Piller-type orders or Mareva injunctions where there is a risk of evidence destruction or asset dissipation.
• Settlement strategy. Many trade mark disputes in Zambia are resolved through negotiation. Settlement agreements should include clear undertakings (cease-and-desist, delivery-up, destruction), penalty clauses for breach and provisions governing costs.
• Local counsel selection. Choose counsel with demonstrated experience in IP litigation before Zambian courts and in proceedings before PACRA. The Global Law Experts lawyer directory provides a starting point for identifying qualified practitioners.

Cost and Timeline Table, Sample Budgets for Typical Actions

The table below provides indicative ranges for the most common actions under the Zambia Trade Marks Act 2026. Actual costs will depend on the complexity of the matter and the number of classes involved.

Rights-holders should budget for agent and counsel fees, official PACRA fees and, where applicable, evidence-gathering costs. Obtaining precise fee schedules from PACRA or local counsel at the outset of any project is strongly recommended.

Next Steps, Consult Zambian IP Counsel

The Zambia Trade Marks Act 2026 reforms create both obligations and opportunities. Brand owners who act promptly, auditing portfolios, filing new applications, recording marks with customs and establishing monitoring systems, will be best positioned to protect their rights under the new regime. Those who delay risk gaps in coverage and missed opposition deadlines. Consult qualified Zambian intellectual property counsel to develop a tailored compliance and protection strategy. The Global Law Experts lawyer directory can connect you with experienced practitioners in Zambia and across Southern Africa.

Sources

1. Parliament of Zambia, Trade Marks Act No. 11 of 2023 (PDF)
2. Patents and Companies Registration Agency (PACRA), Notice on Operationalisation
3. International Trademark Association (INTA), Zambia: A New Era for Brand Protection
4. Adams & Adams, Zambia Ushers in a New Era with Its Modernised Trade Marks Act
5. Adams & Adams, Navigating Zambia’s New Trade Marks Act: Practical Insights for Trade Mark Prosecution
6. Spoor & Fisher, Zambia’s New Trade Marks Act Now in Force
7. Werksmans Attorneys, A New Trade Mark Act for Zambia