African Regional Intellectual Property Organization (ARIPO)
Algeria
Angola
Benin
Botswana
Burkina Faso
Burundi
Cameroon
Cape Verde
Central African Republic
Chad
Comoros
Djibouti
DRC
Egypt
Equatorial Guinea
Eritrea
eSwatini
Ethiopia
Gabon
Gambia
Ghana
Guinea
Guinea Bissau
Ivory Coast
Kenya
Lesotho
Liberia
Libya
Madagascar
Malawi
Mali
Mauritania
Mauritius
Morocco
Mozambique
Namibia
Niger
Nigeria
Republic of the Congo
Rwanda
Saint Helena
Sao Tome and Principe
Senegal
Seychelles
Sierra Leone
Somalia
Somaliland
South Africa
South Sudan
Sudan
Tanzania
Togo
Tunisia
Uganda
Western Sahara
Zambia
Zanzibar
Zimbabwe
Trade Mark
Patent
Design
Namibia
Forms part of
OAPI
ARIPO
International Arrangements
Namibia is a party to the Madrid System for international registration of trade marks, the African Regional Intellectual Property Organisation (ARIPO) and the Paris Convention for Protection of Industrial Property. It is possible to claim priority under the Paris Convention.
Classification
Namibia follows a multi-class filing system in terms of the 11th Edition of the Nice Classification.
Registration Procedure
The total time from filing to registration is approximately 18 months. Trade mark applications are examined for compliance with formal requirements only and are published in the official gazette after acceptance. Trade marks may be opposed within 60 days from the date of publication.
Common Law and Well-Known Trade Marks
Well-known trade marks in terms of the Paris Convention and common law trade marks are recognised in Namibia.
Duration of Registration, Renewal and Non-Use
Trade mark registrations are valid for 10 years from the date of filing and may be renewed indefinitely for 10-year periods thereafter.
A registered trade mark may be cancelled on action by an interested party if it has not been used for a continuous period of 3 years after the date of registration.
Customs Recordal
Customs recordals are possible.
Forms part of
OAPI
ARIPO
International Arrangements
ARIPO
Paris Convention
PCT
Types of patents
National patents (patent of invention, patent of addition)
Novelty requirements
Relative, destroyed by prior local knowledge/use or sale for more that two years outside of Namibia.
Grace period/Prior knowledge
Six months (internationally recognised exhibitions only)
Examination procedure
Formal examination only.
Grant
Duration and maintenance
Duration is fourteen years from the filing date, extendable a further seven or fourteen years upon application.
Annual maintenance.
Working requirement
Sufficient working within two years of grant, failing which patent may become subject to grant of compulsory licence of revocation.
Forms part of
OAPI
ARIPO
International Arrangements
ARIPO
Paris Convention
Novelty requirements
Relative (not used in Namibia)
Grace period/Prior knowledge
No.
Examination procedure
Filing (Companies, Close Corporations and Industrial Property Rights Office)
Formal examination
Registration
Duration and maintenance
Five years from the registration date, twice renewable with another five-year period, to a maximum of fifteen years.
Working requirement
No.
11th Edition