Trade Marks

International Arrangements:

Paris Union, Madrid Union (Agreement and Protocol), TRIPS. Although the previous trade mark legislation made no reference to International Registrations, the current law, the Industrial Property Act 2012 (which came into effect on 1 August 2018), specifically provides that International Registrations are valid. What the current law doesn’t do, however, is make any reference to International Registrations obtained in Namibia prior to 1 August 2018. There is therefore some doubt as to the validity of these registrations.

Categories of Trade Marks:

There are provisions for the registration of SERVICE MARKS, CERTIFICATION MARKS and COLLECTIVE MARKS. The previous legislation provided for DEFENSIVE MARKS but this is no longer the case. DEFENSIVE MARKS obtained under the old law do, however, remain in force.

Classification:

The International Classification of goods and services applies. Multiclass filing became available on 1 August 2018.

Documents required:

A. New Applications

  • Power of Attorney, simply signed.
  • Ten prints, except for word marks in ordinary type.

B. Renewals

  • Power of Attorney, simply signed.

C. Assignments/Mergers

  • Power of Attorney, simply signed.
  • Deed of Assignment or other instrument of title, with verified English translation.

D. Change of Name

  • Power of Attorney, simply signed.
  • Certificate of Change of Name, with verified English translation.

E. Change of Address

  • Power of Attorney, simply signed.

F. Licences/Registered Users

  • Powers of Attorney, simply signed, from proprietor and licensee.
  • Licence Agreement, with verified English translation. 

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