Patents, Trademarks & Designs

Namibia Trade Marks

Trade Mark Registration in Namibia

Namibia Trade Marks may be filed through the ARIPO union where the applicant may file a single application designating the specific contracting states either directly at ARIPO or through a contracting stateThe relevant protocol on trade marks for ARIPO is the Banjul Protocol, which authorises ARIPO to register trade marks on behalf of Banjul Protocol Contracting States, including Namibia. It is important to note however, that not all the countries have incorporated the provisions of the Banjul Protocol into their national laws, effectively questioning the enforceability of ARIPO trade mark registrations in certain contracting states. Namibia trade marks are valid for 10 years from the filing date and are renewable every 10 years thereafter. Namibia is a member of the Paris Convention (International treaty for the protection of Industrial Property) and the Madrid Protocol (an international system for obtaining trade mark protection for a number of regions through a single application).

Types of Trade Marks:

  • Goods and services
  • Certification marks
  • Collective marks

Trade Mark Duration / Renewals:

10 years from filing date and renewable every 10 years.

Trade Mark Filing Requirements:

  • Simply signed Power of Attorney
  • Details of the Applicant (full names, physical address, nationality/country of incorporation)
  • Representation of the trade mark(s)
  • List of goods and/or services
  • Certified copy of priority document (if applicable). Namibia’s substantive law has not been changed to allow for priority claims but foreign applicants often claim priority in case the rights are recognised.

Trademark Classes

Nice Classification

The most current edition of the Nice Classification of Goods and Services is followed. The Nice Classification, established by the Nice Agreement, is an international classification for the registration of marks. A new edition is published every 5 years and a new version of each edition is published annually.

International and Regional Systems

ARIPO

ARIPO is an organisation that facilitates registration and administration of Intellectual Property rights for various African countries. ARIPO is mandated to register marks and the administration of such registered marks on behalf of the Banjul Protocol Contracting States. An applicant may file a single application designating the specific contracting states either directly at ARIPO or through a contracting state.

Paris Convention

Namibia is a member of the Paris Convention where each contracting state must grant the same IP protection to nationals of other contracting states, and provides for the right of priority in the case of patents, trademarks and designs. The Paris Convention is an international agreement which helps creators ensure that their intellectual property is protected in other countries. It applies to IP in the widest sense as it covers patents, trademarks and industrial designs to name a few.

Madrid Protocol

Namibia is a member of the Madrid Protocol. The Madrid Protocol is an international treaty designed to simplify the international trademark registration process. Using this process, registrants are able to complete a single application, in their home language, that can then be applied to over 90 member countries.

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Smit & Van Wyk provides a full range of Intellectual Property legal services in all African countries where protection is available. We can provide information on the filing requirements in each of the African countries and can also offer information on the various regional IP organisations such as ARIPO, OAPI and the Madrid protocol. We work with a network of trusted and knowledgeable agents to develop the best possible solution to each of our clients’ needs for trademarks, designs and patents in Africa.