Zambia in 2023 A new version was adopted "Trademark law" (Hereinafter referred to as "New act" ) , In view of 1958 years "Trademark law" (Hereinafter referred to as "Old law" ) The first 401 The outdated provisions relating to trademarks in the Chapter shall be amended. The old law has been in place for more than 60 years.

The old Act did not address service marks ( "Nice classification" Medium control 35 class-to-rank 45 class) , Collective trademark and basis "Madrid Agreement for the International Registration of Marks" Make provisions on matters related to international registration. To solve this problem, The new law 2023 The last quarter of the year was signed into law, This has brought about a fundamental change in Zambia's trademark landscape.

Zambia will soon issue a statutory instrument (Immediate start command) , Indicate the effective date of the new law. It is expected that the bill will take effect after the relevant parties finalize the specific regulations. Some of the key changes to the current legislation will be detailed below.

Introduction of non-traditional trademarks

The old Act defined a trademark as "equipment, brand, title, tag, bill, name, signature, Single word, letter, Numbers or any combination thereof" . The new bill expands that definition, That introduced "unconventional" trademark, For example sound, Smell and shape.

Introduction of new trademarks

The new Act provides for the registration of collective marks and geographical indications. Collective trademarks are associations made up of people (Such as professional bodies, Trade union or cooperative) A trademark used to distinguish goods or services produced or provided by its members. Geographical indications are names or signs used to indicate geographical locations. The above geographical location indicates the quality of a certain commodity, Reputation or other characteristics can be attributed primarily to the origin of the product.

Registration of service marks

The new Act now provides for the registration of service marks. Act regulation 4 article 1 Provision of paragraph, applicant "You can register a trademark for a trademark or service" . Before this, Service marks cannot be registered in Zambia, Therefore, trademark owners need to seek protection in the category of goods most closely related to the service they are interested in. New act 9 Point out, One needs to classify trademarks or services according to international best practices. It is expected when the new law comes into force, The latest version "Nice classification" Will also apply.

Recognition of well-known trademarks

The old Act did not provide for the protection of well-known trademarks. The new Act defines a well-known trademark as a trademark that is a household name in Zambia, And at # 51 The protection provided for such marks is outlined in this section (Including how to object to another trademark application based on a well-known trademark) . At the same time, The dilution of trademarks is also being considered. That's because under the new bill No 42 article, If a trademark or the essential parts of the trademark constitute a reproduction of a well-known trademark, Imitation or transformation, The trademark is used in respect of the same or similar trademark or service to which the well-known trademark applies, And may cause consumer confusion, Then the registration officer will have the right to reject the application for registration of the above trademark.

Introduce multi-class applications and split applications

Under the new act, Applicants can use a single application to seek protection for their trademarks in multiple categories. Act regulation 11 clause, Before completing registration, If necessary, The applicant may divide the application. If the trademark registration application has passed the examination in certain categories, They were rejected or challenged in other categories, Then the applicant can take this approach. New act 15 Articles and ordinances 16 The article provides for the formal examination and the substantive examination of trademarks respectively. After a review, The registered officer may issue "Notice of review opinion" , To require the applicant to accept certain of these conditions, Then the granting of trademark rights can be considered. Applicant must be in 60 Celestial pair "Notice of review opinion" Give a reply. In receipt of "Notice of rejection" later, The applicant may 3 Appeal to the court within a month. One thing to note, New act 42 article 2 Provision of paragraph, If you want to overcome "Notice of review opinion" References to existing trademarks, The applicant may attempt to obtain a consent form from the owner of the said existing mark in a competitive relationship. merely, Acceptance of such consent is at the discretion of the Registrar.

Objection to the application, Grounds and evidence for objection

The new bill's No 19 Article to No 24 The objection procedure is provided for in the article. People can 60 Days based on malicious registration, Objections are raised on the grounds of similar goods or services and the existence of well-known trademarks. In support of the objection petition, One needs to add evidence to the notice of objection, At the same time, the applicant also needs to prove that there is some connection in the relevant application.

Law enforcement and border control measures

The first 49 The article contains a new introduction to trademark enforcement. The clause provides, Trademark owners have a strict responsibility to monitor and maintain their registered or well-known trademarks. New act 64 clause, For identical or confusingly similar marks relating to the same or similar goods, And due to the use of a trademark caused by the registered trademark encountered unreasonable dilution of the situation, The relevant agencies may carry out enforcement work on the relevant trademarks. In the law enforcement process involving trademark rights, Various remedies are available to the trademark owner, Such as asking the other party to pay royalties in lieu of damages (You know that the amount of damages is often difficult to determine) . The first 72 More pragmatic provisions were made. It is important to point out here, The new act prohibits any person from bringing an action for infringement if there is no justification. While # 71 Rule points out, If someone has suffered damages as a result of a frivolous trademark infringement lawsuit, Then they should get the corresponding damages. At # 109 Tiao Zhong, The new bill mentions border measures, These measures prevent Zambia from importing infringing goods bearing counterfeit or counterfeit trademarks. In accordance with the above terms, Trademark registries and customs agencies may jointly carry out enforcement of trademark rights at the border. For infringing goods, Upon receipt of the order, customs officers will detain the goods and notify the applicant (Trademark owner) With importer. The importer can either choose to agree to destroy the goods, Detentions can also be challenged by providing counterevidence or filing legal proceedings, And defend related matters.

towards "Madrid Protocol" Recognition of

The new law will order "Madrid Protocol" Come into effect. As an international agreement, "Madrid Protocol" The trademark owner in its member state may be allowed to file a single international application, And specify in the application any "Madrid Protocol" Member's jurisdiction. In other words, The owner of the mark will be able to specify Zambia in the application for international registration of the mark. In order to implement "Madrid Protocol" Specific provisions in, Zambia must develop the relevant implementation rules and legal framework.

The new Act brings some changes to the trademark landscape in Zambia. Although it is not clear when the new law will come into force, But there is still hope that the bill will pass 2024 Effective in year. To accommodate the many new provisions proposed in the new bill (The rules also affect the effective date of the law) , It is necessary for the relevant agencies to formulate corresponding detailed rules and regulations. (Be compiled from www. mondaq. com)

TRANSLATORS: Liu Peng　proofread: Wu Xian



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