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Zambia has steered in a new era of trade mark protection with the Trade Marks Act No. 11 of 2023, which became operational on 26 December 2025. This is the first major update to the country's trade mark system in more than 60 years and introduces modern protections long aligned with international standards. While the Act is a major step forward, some parts, especially the Madrid Protocol, are not yet fully functional, and businesses should monitor developments closely over the next year.
A Modern, Updated Trade Mark Framework
The new Act replaces the 1958 legislation, offering a clearer and more flexible structure for today's commercial environment. Until new Regulations are issued, the 1994 Regulations and existing official fees continue to apply.
Broader Protection for Brand Assets
Businesses now have access to a much wider range of registrable rights, including: Service marks; Collective and certification marks; Well‑known marks; Geographical indications; Non‑traditional marks such as shapes, colours, and sounds.
This expanded scope enables companies to safeguard more elements of their brand identity.
Stronger Enforcement Tools
The Act introduces improved mechanisms to help rights holders protect their brands more effectively:
- Clearer processes for opposition, cancellation, and infringement
- Enhanced remedies for owners
- Provisions addressing unjustified threats
- Border‑control and anti‑counterfeiting measures
These updates strengthen brand enforcement and support a more secure trading environment.
Zambia Joins the Madrid Protocol
A significant advancement is Zambia's formal entry into the Madrid Protocol, intended to allow Zambia to become an international designation for trade mark applications (IRs); and Zambian businesses to file internationally through the Madrid system
However, it is important to note that the system is not yet operational due to the absence of Madrid‑specific implementing Regulations. Key procedures, such as examination timelines, provisional refusal rules, and fee structures are still pending. As a result, international applications designating Zambia cannot currently move to registration.
Ongoing digitisation issues at PACRA add further uncertainty to the rollout of Madrid‑related processes. Given these gaps, a 12‑month "wait‑and‑see" approach is recommended while Regulations and systems stabilise.
In Summary
Zambia's new Trade Marks Act is a welcome and long‑overdue overhaul that expands protection, improves enforcement, and paves the way for international registration. While implementation of the Madrid Protocol remains incomplete, the overall changes represent a major step forward for brand owners operating in Zambia.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
