Trademarks in Namibia

Our firm has a highly reputable Trade Marks department and we act as correspondents for a number of international trade firms in the registration and prosecution of their clients' Trade Marks in Namibia. We further represent a number of high profile clients in the opposition of Namibia Trade Mark applications that potentially infringe on our clients Trade Marks or rights.


The law relating to Trade Marks in Namibia as its origin in common law and is further specifically regulated by statute. 

 

http://www.cronjelaw.com/trademark
Through the common law a person has certain basic or fundamental rights which give rise to an action in the event of passing off.  These principles are derived from the general principals in the Roman Dutch law and have remained unaffected by legislation.  However, these common law rights are practically insufficient for the purposes of effective protection and enforcement of proprietary rights in the modern commercial environment.  Therefore we specifically advise that every person with a proprietary right to any Trade Mark should register that trademark in Namibia as to enjoy the protection afforded by law.

 

It is important to note that although Namibia is a party to various international agreements the enforcement of a foreign Trade Mark in Namibia is virtually impossible without registration of that Trade Mark in Namibia.

 

Trade Mark Registration in Namibia is regulated by the Namibian Trade Mark Act, No 48 of 1973 (this Act was original known as the Trade Marks in South-West-Africa Act).  The Namibian Trade Mark Act further creates certain protection mechanisms which are available to persons with proprietary rights to a Trade Mark Registered in Namibia.


In terms of the Namibian Trade Marks Act a proprietor of a distinctive mark is entitled to register the name as well as the device as a trademark.  The trademark will need to be registered in each class where protection is required.

The Namibian Trade Mark Act established an office, known as “the Namibian Trade Marks Office”, in Windhoek, Namibia. In the Office of the 

http://www.cronjelaw.com/trademark

Registrar of Trademarks in Namibia a Register of Trade Marks Registered in Namibia is kept.  The control of the register of Trade Marks is in the hands of an officer styled as the Registrar of Trade Marks in Namibia whose functions may also be performed in his absence under, by a Deputy Registrar of Trade Marks in Namibia and an Assistant Registrar.

It is important to note that only the proprietor (or registered user) of a Trade Marks registered at the Namibian Trade Marks Office in Windhoek shall be entitled to enjoy the protection afforded to registered in terms of the Namibian Trade Marks Act.

 

A Trade Mark Registration in Namibia is effective for an initial period of ten years and may thereafter be renewed for like periods. Non-use by owner or licensee of a Namibian Trade Mark for a continuous period of four years from registration may render a mark vulnerable to expungement upon an application filed by a third party.


For more information regarding the registration requirements for Trademarks in Namibia, kindly peruse the document which is downloadable at the following link: Namibia Trademark Registration Requirements


Should you require further information regarding the registration or protection of a Trademark in Namibia, you are invited to contact us at the contact details stated hereunder.