Zambia: New Trade Marks Act in Force - Key Changes for Brand Owners

Written By Richard Stilwell

Zambia has undergone significant intellectual property reform with the introduction of the Trade Marks Act No. 11 of 2023, now operational following the signing of Statutory Instrument No. 86 of 2025 on 31 December 2025. The Act replaces the outdated 1958 legislation and aligns Zambia with modern global trade mark systems.

Regulations accompanying the new Act are expected soon, though no specific date has been indicated.  For the time being, the Registry is still using regulations relating to the previous Act; therefore, forms and fees remain unchanged.

Significant changes introduced by the new legislation are summarised below:

1.     Registration of Service Marks

Service marks can now be formally registered, bringing Zambia in line with international practice. Where brand owners may have previously relied upon loose protection in classes 09 and 16, access to service classes 35 to 45 is welcome.

2.     Alignment with International Treaties

The Act domesticates Zambia’s accession to the Madrid Protocol, allowing owners to designate Zambia in International Registrations with confidence.  Explicit regulations are expected by way of statutory instrument shortly.

3.     New Term of Protection

Trade mark registration and renewal terms are now uniformly set at 10 years, having previously been 7 and 14 years. Any trade mark registered under the previous Act will remain valid until its expiry, with its renewal then made in accordance with the new Act.

4.     Multi‑Class Applications

The new law provides allows applicants to file a single application covering multiple classes of goods and services. However, official fees will still be payable per class whilst the previous regulations remain in use.

5.     New Categories of Trade Marks

The Act introduces collective marks and geographical indications, which were previously unrecognised under the old law. The Act also expands the definition to include non‑traditional marks such as sounds, smells, shapes, colours, and packaging configurations.

6.     Recognition of Well‑Known Marks

The Act introduces formal recognition and enhanced protection for well‑known marks.

7.     Stronger Enforcement Measures

New civil, criminal, and border‑control mechanisms strengthen anti‑counterfeiting and infringement enforcement.

In summary, the 2023 Act significantly modernises Zambia’s trade mark system, aligning the country with global IP frameworks. Provisions for service marks and enshrinement of the Madrid Protocol into domestic legislation increase access to trade mark protection for brand owners, whilst explicit protection for well-known marks and stronger enforcement measures provide clearer mechanisms for enforcing such rights.

We would be pleased to discuss any of the above in more detail, or to advise on how the new Act may affect your trade mark strategy. Certainly, we recommend any owner of service marks in use in Zambia to file applications to protect such use immediately.

Please contact our trade mark department or email admin@lysaght.co.uk for any further assistance.

Richard Stilwell

Richard is a Chartered Trade Mark Attorney and manager in the Patents and Design department.  He is responsible for overseeing and managing the day-to-day operations of the department, as well as being part of operational working groups to develop and enhance internal policies and procedures. Richard graduated from the University of Leeds in 2012 with a Master’s degree (with Distinction) in Medicinal Chemistry, which included a placement year with a major U.K. pharmaceutical company. He joined Lysaght in 2015 and has worked in the IP industry for over ten years. In 2016 Richard was awarded the Postgraduate Certificate in Intellectual Property (with Distinction) from Bournemouth University, and he became a Chartered Trade Mark Attorney in 2018. He adds a considerable skill set to the company, where he is responsible for a wide-ranging portfolio, particularly for patent cases in the Caribbean and Middle East.  In his dual role, Richard also handles prosecution and contentious matters within the trade mark department in several complex jurisdictions.

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Nepal: Updated deadlines for pending and published trade mark applications (December 2025 notice)