- African
2. Namibia still uses the South West Africa Trademark Law, which came into effect on January 1, 1974 before independence.
3. The official language for applying for a trademark in Namibia is English.
4. Trademark rights are based on the principle of prior use, and are classified according to the International Nice Classification.
Namibia joined the Madrid Agreement and Madrid Protocol on June 30, 2004, and is a member of both the Agreement and the Protocol. Therefore, Namibian trademarks can be applied for through both "single country registration" and "Madrid International Trademark Registration".
The validity period of a Namibian trademark is 10 years from the date of application; Renewal can be processed within 6 months before the expiration date, with a grace period of 6 months; The renewal is valid for 10 years.
Applicant qualification: Any owner who uses or intends to use a trademark may apply for trademark registration; Anyone who wishes to transfer their trademark to a proposed company can also apply for trademark registration.
Required documents for application:
1. Applicant's name and address
2. Apply for goods or services
3. Trademark design
4. Copy of applicant's identification document
Trademark Search - Submit Application - Trademark Examination - Trademark Announcement - Trademark Registration
The Namibian Intellectual Property Office provides a free online trademark search system, where applicants can search the Namibian Intellectual Property Office trademark database based on the trademark category and trade name, and apply for trademark registration according to the search results. However, as the Namibian Intellectual Property Office does not provide paper application materials, applicants need to submit corresponding electronic files to the Namibian Intellectual Property Office for review.
The applicant submits an application to the Namibian Intellectual Property Office, fills out the application form, and submits relevant documents
Trademark examination is divided into two stages: formal examination and substantive examination.
Formal examination: After submitting the application, the Namibian Intellectual Property Office will conduct a formal examination. If no obvious defects or non-compliance are found, a deadline for correction notice will be received. If the applicant fails to respond to the request for correction within the prescribed time limit, the application shall be deemed abandoned.
Substantive examination: Within 3 months from the date of application, the Namibian Intellectual Property Office will conduct a substantive examination of the trademark in accordance with the relevant provisions of the Trademark Law. If any identical or similar application appears during this period, the trademark will be rejected; If no similar or identical situations are found during this period, they will be accepted and a review report will be prepared. During this period, the applicant may also raise objections to the trademark.
According to Namibian trademark law, if no one raises any objections or objections within one month after registration, a public announcement can be made. The announcement period is one year.
The trademark application and registration in Namibia adopts the principle of absolute priority, which means that anyone can only choose the country where the trademark was registered first as the object of their trademark protection when applying, resulting in a low possibility of some trademarks applied for later being approved for registration.
Although Namibia adopts the principle of absolute priority, the current status of trademarks applied for registration can be found on the website of the Namibian Trademark Office, and detailed information of trademark applicants can be seen.
If no one raises an objection within 3 months, or if the objection is unsuccessful, the Namibian Intellectual Property Office will issue a registration certificate.
