Latest News: Mar 06, 2025 (Newsletter Issue 3/25)
Provisional refusals for IR trademarks
When designating Namibia through an IR application, the Business and Intellectual Property Authority (BIPA) has 12 months to issue an examination report reflecting acceptance or provisional refusal.
If BIPA misses this deadline and issues the office action after the 12-month period, applicants can argue that the IR must be automatically accepted, and BIPA should issue a registration certificate. However, while legally sound, BIPA strongly resists this approach. Instead, they consistently state that they will only issue a registration certificate if the International Registration was published locally in Namibia. On the other hand, If BIPA issues the office action within the 12-month window, applicants must respond, arrange for the IR to be published, and then request registration.
The major hurdle currently is that BIPA lacks a system to generate registration certificates for IRs. They do not have a template, so despite fulfilling all requirements, no IRs are being registered at present.
Source: www.jahcoip.com
Apr 21, 2022 (Newsletter Issue 5/22)Declaration of Article 15(5) of Madrid Protocol WithdrawnWIPO informs that Namibia has deposited a notification on February 16, 2022, withdrawing the below-mentioned declaration:
"In accordance with Article 14(5) of the Madrid Protocol (1989), the protection resulting from any international registration effected under the said Protocol before the date of entry into force of the said Protocol with respect to the Republic of Namibia cannot be extended to it" (see Madrid (Marks) Notification No. 157 of March 31, 2004).
For more information, please click here Source: www.wipo.int Aug 22, 2018 (Newsletter Issue 14/18)New Industrial Property Act in Force NowThe Namibian Industrial Property Act, 2012 has come into effect on August 1, 2018. The Act repeals the Patents, Designs, Trade Marks and Copyright Act, 1916, the Patents and Designs Proclamation, 1923 and the Trade Marks in South West Africa Act, 1973. As reported earlier, it provides for the registration and protection and administration of patents, utility model certificates, industrial designs, trademarks, collective marks, certification marks and trade names.
Source: JAH & Co. IP, Qatar Jun 28, 2018 (Newsletter Issue 12/18)New Industrial Property Act soon in ForceThe Industrial Property Regulations were published in the Namibian Government Gazette on June 1, 2018. By this the new Industrial Property Act No. 1 of 2012 will come into operation on August 1, 2018.
The Act repeals the Trade Marks in South West Africa Act dating back to 1973 and introduces new legislation for patents, industrial designs, trademarks and trade names.
Some of the amendments with regard to trademarks are the following:
- new requirements for assignments and provisions relating to restorations, alterations/amendments, joint ownership, licence contracts and registered users
- possibility to register collective marks,
- non-use cancellation period will shorten from 5 years to 3 years
- trademark infringement proceedings must now be brought before the IP Tribunal
- foreign well-known trademarks will be recognized
- provisions for multi-class applications and applications under the Madrid Protocol and the Banjul Agreement in place
For further information, please check the article of the law firm Adams & Adams hereSource: www.adamsadams.com Legal basis is the Industrial Property Act 2012 ("the Act") in force since August 1, 2018. The Act repeals the Trade Marks in South West Africa Act No. 48 of 1973.
Namibia is a member of the Madrid Agreement and the Madrid Protocol. Namibia is also member of the Paris Convention, the ARIPO (Banjul Protocol) and the WTO/TRIPS.
The Act specifically provides for the enforcement of applications filed in terms of the Madrid Agreement and the Banjul Agreement (ARIPO).
Trademark protection is obtained by registration. It can also be acquired by sufficient public recognition in terms of common law.
In order to be registrable under the Act, a trade mark must at its time of filing, be either inherently distinctive or capable of distinguishing as a result of use.
The principles of common law apply; i. e. official and judicial decisions are rendered on the basis of prior decisions and judgements on similar cases.
ClassificationNice classification, 11th edition
What is Registrable as a TrademarkThe Industrial Property Act 2012 defines a trade mark as a mark which is used or which is proposed to be used by a person in relation to goods or services for the purpose of distinguishing those goods and services from the same kind of goods and services connected in the course of trade with any other person.
Registrable as trademarks are all distinctive signs capable of being represented visually such as a device, name, signature, word, letter, numeral, figurative element, shape, colour or container for goods, or any combination of such signs.
Section 135 of the Act defines the limitation of colours in which a trade mark may be limited in whole or in part to a particular colour or colours. In cases of an application where the said sign is limited to a colour, the registrability of the sign will be decided based on whether the sign which has been limited is capable of distinguishing. In cases the trade mark is registered without limitation of colour, it is deemed to be registered for all colours.
The following trademark types are registrable: trademarks, service marks, collective marks and certification marks.
While the repealed Act allowed for the registration of defensive marks, this is no longer the case, though defensive marks registered under the repealed Act remain in force.
Registration ProceedingsThe application is filed through Trademark Application form (Form TM1) at the Industrial Property Office (Business and Intellectual Property Authority - BIPA). BIPA is established as a juristic person in terms of section 3 of the BIPA Act, 2016 (Act No.8 of 2016) and is a Public Enterprise as defined in the Public Enterprises Governance Act, 2006 (Act No. 8 of 2015).
Multi-class applications are possible.
Foreign applicants need a local agent.
A simply signed original Power of Attorney, prescribed in form (Form G2).
Foreign applicants do not need a domestic registration.
Once the application form, the representation of the mark and the prescribed fee are received by the Industrial Property Office, the application is captured on the Trademarks Database (IPAS) and a unique number is allocated.
The Registrar will examine the application within a time frame of approximately 12 months and an examination report is then issued and forwarded directly to the applicants or their legal representatives.
The application process includes a formal examination, an examination of distinctiveness and a search of prior trademarks.
After receiving a response from the applicants or their legal representatives, the examiners will issue a preliminary Notice of Acceptance which will allow the trademark application to be published by the applicants or their legal representatives in the Industrial Property Bulletin. The Industrial Property Bulletin is usually published monthly. The trademark will be opened to possible oppositions for a period of 2 months from the bulletin date before the Industrial Property Tribunal.
If the trademark application is not opposed, the latter then proceeds to registration and a Registration Certificate is issued.
The processing time from first filing to registration is approx. 18 months.
Opposition PeriodNational:The opposition period is 2 months from publication in the IP Bulletin.
Details regarding the
Opposition Period against designation of IR Mark are available in our publication on this topic
here
Trademark DurationA trademark registration is valid for an initial period of 10 years from the date of application for registration.
The registration is renewable for periods of 10 years.
Grace Period for Trademark RenewalPractical details on grace periods for trademark renewals are available in our publication
herePractical details on trademark use requirements are available in our publication
hereThe official fee for filing a trademark application in one class is NAD 600 for the first and an additional for each further class of NAD 480. The publication and the registration fee is NAD 500. The certificate of registration fee is NAD 100.
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Practical details on trademark licensing are available in our publication
here
Online you can see a limited part of information about this country.
More in-depth details are available for the following aspects:
General Trademark Regulations
Trademark Use Requirements
Grace Period for Trademark Renewal
Trademark Licensing
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