Namibia 

Trademark - Namibia

Register your Trademark

Register your trademark with Inventa International and benefit from the following advantages:

Strategic Advice

Our specialists will review the information you provide and advise you on the best strategy to increase your chances of success in obtaining a trademark and protecting your brand.

We prepare the application

We will be in charge of all the procedings related to filing a trademark application based on the chosen strategy.

Trademark Maintenance for 10 years

Inventa International keeps a close eye on every event related to your trademark.

Client Area available

We provide you a secure web based client area to manage your Intellectual Property assets.

Select a route

Different ways to protect your trademark in Namibia

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National Filing

Effective protection for local businesses

 

ARIPO - Banjul Protocol

Effective protection in ARIPO covered countries

Countries covered

1

10

Opposition Period

60 days

90 days

Time to register

(how long until a trademark is granted may vary)

6 years

1 year

Substantive Examination

yes

no

Duration

10 years

10 years

Renewable

periods of 10 years

periods of 10 years

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Trademark Registration

Process

Monitor the process from the preparation for the trademark application to its maintenance phase. Inventa International will accompany you every step of the way.

Namibia

Trademark Details and Timeframes

Priority claim

Available

Multi Class Application

Unavailable

Well-known Trademarks

Unavailable

Body responsible for non-use cancellations

Court & IP Office

Search with legal opinion time frame

16 days

Time until registration

6 years

Opposition Period

60 days

Use requirement period

5 years

Requirements

  •  Power of attorney, simply signed.
  •  Sample of the mark (not required for word marks).
  •  List of goods and/or services.
  •  Copy of priority document (if applicable).
  •  Power of attorney, simply signed.
  •  Power of attorney, simply signed.
  •  Deed of Assignment.
  •  Power of attorney, simply signed.
  •  Certificate of change of name.
  •  Power of attorney, simply signed.
  •  Power of attorney from the licensor and licensee, simply signed.
  •  Declaration and statement of case, with verified English translation.
  •  License agreement.

Remarks: All documents are required to contain a verified English translation.

Latest news

OPINION

The New Industrial Property Act in Namibia: what has changed?

The new Industrial Property Regulations were finally published in the Namibian Government Gazette on the 1st day of June, 2018 and the law came into effect two months after, on the 1st of August. The Act means to repeal the Trade Marks in South West Africa Act, dated 1973, introducing new provisions for trademarks, patents and industrial designs. The new legal frame has been long anticipated and concerns several changes in what relates Industrial Property. With respect to Patents, several changes were made in the new legislature. The Industrial Property Act recognizes Namibia’s obligations in terms of international treaties, such as the Patent Cooperation Treaty (PCT), ARIPO, the MADRID Agreement and the Hague Agreement. Furthermore, a 20 year patent term is finally provisioned. Note that annual maintenance fees are payable. Lastly, in what patents are concerned, the new framework introduces absolute novelty as well as substantive examination for all patent applications. Conversely, one of the most significant changes is the inclusion of new requirements for trademark applications, assignments, renewals and restorations, alterations/amendments, joint ownership licence contracts and registered users. Official fees, which are payed to the Business and Intellectual Property Authority (BIPA) were also increased. Namibia is now a multiclass application system, whereas in the previous legislative frame it was a single class jurisdiction, which meant that an application had to be filed for each trademark class identified. Additionally, it is now possible to file applications in terms of the Madrid Protocol and the Banjul Agreement. Note, nonetheless, that however recognising Namibia’s obligations before the international protocols, it is not clear how said applications will be dealt with in practice by the BIPA. Notwithstanding, this is a huge step as to ensure the compatibility between national and international laws. It should be noted though, to avoid unnecessary obstacles, we are still advising brand owners to elect the national application alternative to better secure protection for their assets, for it is still to be proven that the Namibian Trademark’s Institute will be capable of examining the newly filed trademark applications within the limited deadline set by WIPO of 12 to 18 months. Despite all the important changes, still no provision was made for defensive trademark registrations, although pre-existing registrations will remain valid. Moreover, collective marks can now be registered in Namibia, as opposed to the previous solution, which only provisioned for certification marks. In another hand, the legal frame makes provision for well-known marks, crucial to ensure the protection of big international brands that are yet to enter the Namibian market. With respect to advertisement, trademarks will now be published by BIPA, in terms of the new Industrial Property Act, in the IP Bulletin after payment of a prescribed fee. Note that previous to the new law, marks were published in the Gazette. As for validity, trademarks in Namibia are effective for an initial period of ten years after which they can be renewed for equal amounts of time. Cancellation based of non-use of a trademark may occur after a three years period. The Industrial Property Tribunal is now responsible for every trademark infringement proceeding as well as hearing appeals from the Registrar. It will also be possible to appeal from the Tribunal to the Namibian High Court, ensuring justice and fair ruling. Although some of the practical aspects of the new law are still to be clarified, the framework represents a major turn into the modernization of Intellectual Property matters in Namibia.

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