A landmark shift has occurred in Zambia's intellectual property landscape. As of January 2026, the Trade Marks Act No. 11 of 2023 is officially in force, following the signing of Statutory Instrument No. 86 of 2025.
This new legislation repeals the nearly 70-year-old Act of 1958 and marks a major victory for service-oriented businesses that have long navigated a restrictive registration system.
The Key Update: Filing for Service Marks
The most significant change for brand owners is the long-awaited inclusion of service marks.
Under the old law, Zambia only recognized trade marks for physical goods (Classes 1–34). Businesses in the service sector—such as banks, hotels, telecommunications, and software providers—were forced to "ghost file" in related goods classes (like Class 16 for paper or Class 9 for software) to gain indirect protection.
What changes now:
• Direct Protection: Brand owners can now file applications in Classes 35 to 45 of the Nice Classification.
• Wider Coverage: This provides robust, direct protection for activities like advertising, financial services, telecommunications, education, and legal services.
Other Major Reforms
While the introduction of service classes is the headline, the Act introduces several other modernizing features:
• Multi-Class Applications: You can now file a single application covering multiple classes of goods and services. Previously, a separate application was required for every single class, leading to high administrative costs.
• Non-Traditional Marks: The definition of a "mark" has expanded. It is now possible to register sounds, scents, shapes, and colours as trade marks.
• International Alignment: The Act domesticates the Madrid Protocol. This means international brand owners can now designate Zambia in an International Registration (IR) through WIPO, and Zambian businesses can use their local application as a base for international filings.
• Standardized Terms: Registration and renewal periods are now set at 10 years (aligning with global standards), replacing the old 7 and 14-year cycles.
Moving Forward: What Businesses Should Do
With the Act now operational, the Patents and Companies Registration Agency (PACRA) is transitioning to these new standards.
- Audit Your Portfolio: Identify brands that currently only have "indirect" protection in goods classes and prepare new filings for the relevant service classes (35–45).
- Utilize Online Filing: Remember that as of July 2025, PACRA has shifted exclusively to online submissions for new applications to improve efficiency.
- Monitor for New Regulations: While the Act is in force, specific updated forms and fee schedules under the new regulations are expected to be finalized shortly.