Namibia Accedes to Madrid

Namibia has acceded to the Madrid Agreement and to the Madrid Protocol concerning the international registration of trade marks. It is the 75th country to do so.

The instrument of accession was deposited with WIPO on 31 March 2004 and will theoretically enter into force three months later, on 30 June 2004.

Applications for registration of International trade marks under the Madrid Protocol filed before 30 June 2004 cannot be extended to Namibia.

Namibia is a common law country. International agreements will only become part of the domestic law when enacted into the national law by the national legislature. This means that until its Trade Marks Act and Rules are amended to provide for the registration of International trade marks, these registrations would not be enforceable in Namibia. There has not yet been any notification regarding such amendments. Until these amendments are enacted the Namibian Registrar of Trade Marks would not effectively be able to record or process such registrations. International trade mark owners in Namibia also could not restrain the registration or use of the same or similar trade mark by another party.

Click here for Namibia Filing Requirements.

Stephen Goldberg

Spoor & Fisher

Date published: 2004/05/01
Author: Stephan Goldberg

Tags: namibia madrid protocol wipo