Namibian Trademark Requirements

The following is a brief overview of the Namibian Trademark Registration requirements.


Requirements for registration of a Trademark in Namibia:

§  An original simply signed power of attorney is required.  No legalization is required.

 

Classification of goods and services for Namibian Trademarks:

§  The international classification of goods and services applies.

§  A separate application is required for each class of goods or services.

 


Trade mark availability search:

§  We usually recommend applicants of Trademarks in Namibia to conduct a trade marks availability search on the Trademark data base to confirm availability of the proposed application.  A search report is available within 3 – 4 working days.

 

The Process after lodging the Namibian Trademark application until registration:

§  On filing the application an application gets a trade mark application number.  At this point we receive a filing notice from the Namibian Registrar of Trademarks.  Time frame:  7 working days to obtain a filing notice. 

§  The application will be examined by an examiner in the Namibian Trademarks office. Time frame:  currently approximately 12 months

§  Examiners produce examination report.

§  After responding to office actions, a Preliminary Notice of Acceptance will be issued Namibian Registrar of Trademarks.  This allows the trademark to be advertised in the Namibian Government Gazette.

§  Once a trademark is advertised in the Namibian Government Gazette, it is open for possible opposition/objection by any one for a period of two months.

§  Once the two months opposition period is over and the advertised trademark is unchallenged on any grounds for opposition, the examiner at the Namibian Trademarks Office will then grant protection by issuance of the Registration Certificate.

§  If the application is opposed it goes through opposition proceedings as stipulated in the Namibian Trade Mark Act.

 

After registration:

§  This involves renewal of the Namibian Trademark on or before expiration (after ten years).

§  Failure by the applicant to renew trade marks on or before expiration date, will result in the removal of the trade mark in accordance with provisions in the Namibian Trade Marks Act No. 48 of 1973 from the Namibian Trademark Register.

 

To take into consideration:

§  There is no collaboration between the Registrar of Companies and Close Corporations and the Registrar of Trade Marks.  It is worth considering the registration of a defensive name.  A defensive name is valid for a period of two years, renewable every two years.

§  Namibia is a signatory to the Madrid Protocol.  No local legislation has been enacted to localise and enforce trademarks filed through the Madrid Protocol in which Namibia has been designated.  We are of the opinion that a proprietor does not receive any actual enforceable protection if Namibia is designated in a Madrid application.

§  Namibia is a signatory to the Banjul Protocol and is a member state of ARIPO.  No local legislation has been enacted to localise and enforce trademarks filed through ARIPO.  We are of the opinion that a proprietor does not receive any actual enforceable protection if Namibia is designated as a country in an ARIPO application.