How to Register a Trademark in Zambia (2026 Guide)

How to Register a Trademark in Zambia

Your business name, logo, or slogan is often one of the first things customers recognise about you, and one of the easiest things for someone else to copy if it isn’t properly protected. A trademark protects distinctive brand identifiers, names, words, logos, symbols, numerals, and other qualifying marks, by giving you a legal right over them that goes beyond simply being the first to use them in the marketplace.

In Zambia, trademark registration is administered by the Patents and Companies Registration Agency (PACRA). This guide walks through the practical process from choosing a mark through to registration and renewal, and it’s worth being clear from the outset about one common point of confusion: registering a company or business name with PACRA is not the same thing as registering a trademark. They’re separate legal processes, protecting different things, and having one doesn’t automatically give you the other.

What Is a Trademark?

A trademark is a sign that distinguishes one business’s goods or services from another’s. This can include business or product names, logos, slogans, letters and numerals, symbols, and other distinctive marks recognised by law. It’s worth being clear on how a trademark differs from a few related concepts people often confuse it with: a business name or company name identifies your legal entity for registration and tax purposes, but doesn’t itself stop a competitor from using a similar brand name for their products. Copyright protects original creative works like writing, images, or software code, not brand identifiers. A patent protects a new invention or technical process. A trademark specifically protects the badge of origin that tells customers where a product or service comes from.

Why Should You Register a Trademark?

Registration gives you meaningfully stronger legal rights than simply using a mark in the marketplace, it makes it considerably easier to take action against someone using a confusingly similar brand, and it builds real, transferable business value as your brand’s reputation grows. This matters particularly where a business intends to build a genuinely recognisable brand, protecting it early, before investing heavily in marketing and expansion, avoids the far more painful and expensive alternative of discovering someone else has already claimed the rights to your name once your brand has real value.

Can Any Name or Logo Be Registered as a Trademark?

Not every proposed mark qualifies. Distinctiveness matters, marks that are purely generic, merely descriptive of the goods or services themselves, deceptive or misleading, or confusingly similar to an existing registered mark can all run into difficulty. The current statutory framework governing registration and protection is the Trade Marks Act, 2023 (Act No. 11 of 2023), which came fully into force on 26 December 2025 via Statutory Instrument No. 86 of 2025, replacing the previous Trade Marks Act (Chapter 401), which had governed trademarks in Zambia since 1958.

This is a genuinely significant change worth understanding before you apply. The new Act introduced several changes that directly affect the registration process: service marks are now registrable for the first time (PACRA began accepting these applications in January 2026, previously only marks attached to physical goods could be registered), multi-class applications are now possible (a single application can cover multiple Nice classes rather than requiring separate filings), and the renewal cycle has changed from the old seven-year initial term with fourteen-year renewals to a straightforward ten-year term, renewable for successive ten-year periods.

Search the Trademark Before Applying

Before spending money on an application, search for identical marks, similar spellings, similar logos, and similar marks registered for related goods or services. PACRA’s online search portal allows you to check existing records, and this search should be treated as essential, not optional, discovering a conflict after filing costs considerably more in both time and fees than catching it beforehand. It’s worth being clear that a business-name search alone is not sufficient: a business name being available doesn’t mean a similar trademark isn’t already registered for related goods or services, these are genuinely separate registers.

Decide What Goods or Services the Trademark Will Cover

Trademark protection is linked specifically to the goods or services for which the mark is registered, organised into trademark classes under the Nice Classification system (currently spanning classes 1 through 34). Selecting the correct class, or classes, matters because your protection only extends to what’s actually registered, a mark registered only for clothing doesn’t automatically protect you if a competitor uses a similar mark for a restaurant. Where a business genuinely operates across several different sectors, an application can now cover multiple classes under the new Act, though the prescribed fee is generally payable for each class included.

Decide Who Will Own the Trademark

Ownership should be settled before filing, not worked out afterward. A trademark can be registered to an individual proprietor, a company, a partnership, or another eligible entity. This deserves genuine thought: registering a valuable, growing brand in the wrong person’s name, an individual founder rather than the company, for instance, can create real complications later if the business is restructured, brought in new investors, licensed to others, or eventually sold. Think ahead to how the business might evolve before deciding whose name goes on the application.

Prepare the Trademark Application

A trademark application generally requires details of the applicant or proprietor, a clear representation of the mark itself, the specific goods or services it will cover, the relevant class or classes, supporting documents where applicable, and agent details if you’re using one to file on your behalf. PACRA provides the prescribed forms and current filing requirements through its service information portal.

Do You Need a Trademark Agent or Lawyer?

Professional assistance becomes genuinely valuable at several points: conducting a proper clearance search that goes beyond a basic name check, preparing and filing the application correctly the first time, responding to an examination objection, handling opposition proceedings if a third party challenges your application, and advising on enforcement if someone later infringes your registered rights. It’s worth knowing that foreign applicants may face different representation requirements than local applicants, who generally have the option, though not the obligation, of using an agent.

File the Application With PACRA

The application is submitted to the Registrar through PACRA. Since 1 July 2025, PACRA has moved to a mandatory online portal for new trademark filings, paper-based applications for new marks are no longer accepted. Under the Trade Marks Act, 2023, a person claiming to be the owner of a mark, or who is using it or genuinely intends to use it in relation to goods or services, can apply for registration. Applicable prescribed fees are payable at filing, and given how recently the fee schedule has changed alongside the new Act, it’s genuinely important to check PACRA’s current forms and fees page directly rather than relying on an older fee schedule, since fees under the old 1958 Act framework may no longer reflect current charges.

What Happens After You File?

Examination. PACRA examines the application for compliance and registrability. The outcome may be straightforward acceptance, an objection requiring a response, or a request for further information or amendment.

Publication. Once accepted, the application is published in PACRA’s Intellectual Property Journal. This publication step exists specifically to give third parties an opportunity to review and, if they have proper grounds, object to the registration.

Opposition. A third party who believes the mark conflicts with their own rights can file a formal opposition. Under current PACRA practice, the opposition window is two months from the date of publication, so monitoring the Journal during this window matters, an opposition that goes unanswered can seriously damage your position.

Registration. Where no successful opposition prevents registration, PACRA issues the certificate of registration. The registration date on this certificate matters, it’s generally treated as the anchor point for calculating your ten-year renewal cycle going forward.

How Much Does It Cost to Register a Trademark in Zambia?

Cost depends on several factors: whether you’re a local or foreign applicant, how many classes your application covers, the type of application being filed, whether you’re using an agent or lawyer (which adds professional fees on top of PACRA’s own charges), and whether additional procedures like responding to an objection or opposition become necessary. Given how recently the Trade Marks Act, 2023 came into force alongside a new fee structure, you should confirm current fees directly against PACRA’s official forms-and-fees page before filing, rather than relying on fee figures published under the previous 1958 Act regime, which no longer apply.

How Long Does Trademark Registration Take?

Registration isn’t instant. The process runs through examination, publication, the two-month opposition window, resolution of any objections or opposition that arise, and finally registration itself. Processing time genuinely varies depending on whether your application sails through cleanly or faces objections or third-party opposition along the way, it’s worth planning for this realistically rather than assuming a fixed completion date, particularly for a brand you’re planning to launch on a specific timeline.

What If PACRA Objects to Your Trademark?

There’s a meaningful difference between an objection raised by PACRA during examination (a procedural or substantive concern the Registrar raises directly) and an opposition filed by a third party after publication (a challenge from someone else claiming your mark conflicts with their rights). If PACRA raises an objection, understanding its precise legal basis matters before you respond, a poorly reasoned response can weaken your position further. Where the objection is substantial, getting professional legal or trademark advice at this stage is genuinely worthwhile.

What If Someone Opposes Your Trademark?

Receiving an opposition doesn’t automatically mean your trademark can’t be registered. The appropriate response generally involves carefully reviewing the specific grounds raised, preparing a considered response, gathering supporting evidence where relevant, and, in some cases, negotiating a commercially sensible settlement with the opposing party rather than fighting the matter to a conclusion. Professional representation at this stage can materially affect the outcome.

What Rights Do You Get After Registration?

Registration gives you the legal right to control use of your registered mark in relation to the specific goods or services it covers, and provides a considerably stronger foundation for enforcement action against anyone using a confusingly similar mark. This is a meaningfully stronger position than simply using a brand in the marketplace without registration, unregistered use can offer some limited protection in certain circumstances, but registration puts your rights on a far more solid, easily enforceable footing.

What If Someone Uses Your Trademark Without Permission?

Trademark infringement can take several forms: directly copying your brand name, using a confusingly similar logo, or using a similar mark for related goods or services in a way likely to confuse customers. Gathering evidence, screenshots, dated samples, sales figures showing your own established use, matters considerably if the matter proceeds further. Legal remedies are available under the current Act, including through the High Court, and given the strengthened enforcement remedies introduced alongside the new Act, professional legal advice before commencing any enforcement action is genuinely worthwhile, both to assess the strength of your position and to choose the right forum.

How Long Does a Trademark Registration Last?

Under the current Trade Marks Act, 2023, an initial trademark registration is valid for ten years from the filing date, renewable for successive ten-year periods indefinitely. This is a change from the previous regime, which ran on a seven-year initial term followed by fourteen-year renewals, if you hold a mark registered under the old Act, it’s worth specifically recalculating your renewal deadline against the new cycle rather than assuming your old renewal date still applies unchanged. Keep your renewal date under active review; missing it risks removal from the register.

Can a Registered Trademark Be Sold or Licensed?

Yes, a registered trademark is a genuine, transferable commercial asset. It can be assigned (ownership transferred outright), licensed (permission granted to another party to use it under specific terms while you retain ownership), or transferred as part of a broader business sale. Formally recording these changes with PACRA is important, an unrecorded assignment or licence can create real uncertainty about who actually holds the enforceable rights. Many businesses treat their trademarks as valuable intangible assets in their own right, sometimes worth more than the physical assets of the business.

Trademark Registration for Small Businesses in Zambia

SMEs across sectors, restaurants, clothing brands, agribusinesses, salons and beauty businesses, technology companies, professional services firms, manufacturers, and online businesses, should genuinely consider protecting their brand early rather than waiting until it’s already well known. Growing a recognisable brand before protecting it creates real, avoidable risk: the more successful and visible your brand becomes, the more attractive and costly it becomes for someone else to copy, and the harder (and more expensive) it becomes for you to reclaim ground you could have secured cheaply at the outset. This connects closely to broader brand protection strategy, our guide on Intellectual Property Law in Zambia covers the wider IP landscape businesses should be thinking about.

Common Mistakes to Avoid

Registering a company name and assuming the brand is protected — these are separate registers serving different purposes. Failing to search for similar trademarks first — this risk multiplies once you’ve already invested in branding and marketing. Choosing the wrong class of goods or services — protection only extends to what’s actually registered. Registering in the wrong owner’s name — creates complications for future restructuring, licensing, or sale. Using a mark that’s too descriptive — makes registration difficult and enforcement weaker even if registered. Ignoring an objection or opposition — silence generally doesn’t help your position. Failing to renew — results in removal from the register regardless of how long you’ve held the mark. Waiting until someone copies the brand before seeking registration — by then, you’re fighting an infringement battle instead of simply holding a registered right.

Practical Trademark Registration Checklist

• Choose the brand name, logo, or other mark
• Determine who will own the trademark
• Search for existing identical or similar marks
• Identify the relevant goods and services
• Select the appropriate trademark class or classes
• Prepare the prescribed application
• Submit the application to PACRA through the online portal
• Pay the applicable fees
• Monitor the examination process
• Monitor publication in the Intellectual Property Journal
• Respond to objections or opposition where necessary
• Obtain the certificate of registration
• Record the renewal date
• Monitor for, and act on, unauthorised use

Frequently Asked Questions

Can I trademark my business name in Zambia?
Potentially, yes, but registering the business name itself with PACRA and registering it as a trademark are different legal processes serving different purposes, and completing one doesn’t automatically achieve the other.

Can I trademark a logo?
Yes, qualifying logos and symbols can be registered as trademarks, subject to the same distinctiveness requirements as word marks.

Can I trademark a slogan?
Potentially, where the slogan meets the legal requirements for distinctiveness, a slogan that’s purely descriptive or generic may face the same difficulties as a descriptive name would.

Can two businesses have similar trademarks?
This depends on context, the marks themselves, the goods or services involved, and the likelihood of genuine confusion between them, similarity alone isn’t automatically disqualifying if confusion is genuinely unlikely.

Do I have to register my trademark before using it?
No, but there’s a real strategic difference between the two. Using a mark without registering it offers weaker legal protection, registering early strengthens your position considerably before your brand becomes valuable enough to attract copying.

Can I register a trademark as an individual?
Yes, under the Trade Marks Act, 2023, an individual claiming ownership of a mark, or genuinely using or intending to use it, can apply.

Can a foreign company register a trademark in Zambia?
Yes, foreign applicants can register, subject to specific requirements, including potentially different representation rules than local applicants face.

How much does trademark registration cost in Zambia?
Costs depend on applicant status, number of classes, and whether professional assistance is used, check PACRA’s current forms-and-fees page directly, since fees have changed alongside the new Act.

How long does a trademark last in Zambia?
Ten years from the filing date under the current Act, renewable for successive ten-year periods.

What happens if someone copies my registered trademark?
Document the infringement thoroughly and get advice on the enforcement remedies available, registration gives you considerably stronger legal footing to act than relying on unregistered use alone.

The Bottom Line

A trademark is a genuine business asset, not simply a name or a logo sitting on your marketing materials. Registration gives you the legal footing to protect that asset properly, but it starts with searching before you invest heavily in a brand, thinking carefully about ownership, classes, and future business plans, and registering early rather than waiting until your brand is successful enough to attract copying.

If you’re planning to register, license, or enforce a trademark in Zambia, Mesdames Jane Jere Legal Practitioners can assist with trademark searches, applications, classification, objections, opposition proceedings, enforcement, and licensing or assignment arrangements.

For related reading, see our guide to Intellectual Property Law in Zambia, or explore our Intellectual Property category for further updates.

This article is for general information only and does not constitute legal advice specific to your circumstances. It was prepared by Mesdames Jane Jere Legal Practitioners and reviewed for accuracy against the Trade Marks Act, 2023 (Act No. 11 of 2023).