Trademark-Countries

NAMIBIA – ARIPO

COUNTRY    :    REPUBLIC OF NAMIBIA

CAPITAL      :    WINDHOEK

LANGUAGE  :    ENGLISH  

 

Trademark is managed and granted by Business and Intellectual Property Authority (BIPA) Ministry of Industrialization and Trade (MIT) in Namibia.

 

International Treaties to which Namabia is signatory:

 

PROTECTION OF TRADEMARKS IN NAMIBIA:

  1. National Registration       – Direct Filing with National Trademark Office.
  2. International Registration   –  Through Madrid System.
  3. Banjul Protocol on Trademarks – ARIPO Countries.

 

Therefore, to obtain protection in Namibia, there are Three options from which the applicant can choose.

Please refer our  Treaties section on International protection under Madrid System.

 

MEMBER STATES: ARIPO is a community of 18 Former English Colonies which are English speaking Countries.

Member Countries are: Member Countries are: Botswana, Gambia, Ghana, Kenya, Lesotho, Liberia, Malawi, Mozambique, Namibia, Rwanda, Sierra Leone, Somalia, Sudan, Swaziland, Tanzania, Uganda, Zambia and Zimbabwe.

African Regional Intellectual Property Organisation known more commonly by its acronym (ARIPO) was established at Lusaka through Banjul Protocol on Marks and is now headquartered along with its administrative offices at Harare, Zimbabwe.

 

It is to be noted that most of the ARIPO member countries have not amended their national laws to incorporate ARIPO’s guidelines on trademark law.

Therefore, all prospective applicants are requested to file applications for registration of trademarks through national registration system through the national IP offices.

Kinds of Trademarks registrable in NAMIBIA – ARIPO

Following indications may be used as Trademarks in Namibia:

  • Distinctive word marks
  • Proper names
  • Figures
  • Acronyms
  • Designs and Figurative elements
  • Packaging
  • Colours
  • Combination of Colours
  • Combination of all of the above
Requisites for a Trademark to be registrable in NAMIBIA – ARIPO

Trademarks must contain the following essential requirements to be registrable in Namibia:

The trademark should not be contrary to public order or morality

The trademark should not reproduce, contain or imitate State, Inter-Governmental, International insignia, seals and emblems

Kinds of Trademarks not registrable in NAMIBIA – ARIPO

Applicants should bear in mind that the following will not be registrable as Trademarks in Namibia:

  • Trademarks that do not perform the function of enabling consumers to differentiate between applicant goods / services from those of the other competitors in the market.
  • Trademarks contravening public interest.

 

Trademarks’ search in NAMIBIA – ARIPO

It is highly advisable to conduct a search of the proposed mark to ensure that a similar mark has not been applied for by other contenders and is not pending registration or is already registered.

Our Attorneys are at hand to assist you with searches and provide opinions about registrarbility of the proposed / coined trademark in Namibia.

Filing of trademarks in NAMIBIA – ARIPO

Filing is done with the Trademark office of Namibia.

Applicant has to furnish the following documentation for filing:

  1. Name of the applicant
  2. Logo (if any) in B/W or Colour
  3. Address along with nationality of the Applicant
  4. Classes in which Registration is sought.
  5. Power of Attorney (POA)
  6. Details regarding Goods and Services for which registration sought      
  7. (Goods and Services classified as per NICE classification)TRADEMARKCOPIA.COM  will assist you with the following:
  • Filings
  • Infringement & Opposition Actions
  • Renewals
  • License and Assignment procedures
  •  Trademark Watch Services
Trademarks’ examination in NAMIBIA – ARIPO

Once the application is filed, a formality examination is carried out to ensure that the application fulfills all the necessary procedural and formality requirements.

The applicant would be notified regarding corrections and / or amendments as necessary to carry out the same within a stipulated time period, else, application is deemed abandoned.

Trademarks’ publication & opposition in NAMIBIA – ARIPO

Post examination, the trademark application is published in the official IP gazette to which interested third parties may file their opposition.In the event the application does not encounter any opposition, it proceeds to registration.

Trademarks’ registration in NAMIBIA – ARIPO

Once the application is published and has overcome all the objections by the examiners and opposition if any by third parties, it is registered and a certificate of registration issued to the applicant.

Post Registration: In the event the trademark is not used continuously for 5 yrs. after registration, the mark becomes vulnerable for revocation and / or cancellation.

Trademarks’ usage in NAMIBIA – ARIPO
Costs OF Trademarks’ registration in NAMIBIA – ARIPO

Please write mail for the cost of registration of trademark in Namibia  to the mail address given below:

contact@trademarkcopia.com