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Intellectual Property

Namibia
Smit & Van Wyk Patent, Trademark & Registered Designs

Namibia Trademarks

Namibia Trademarks may be filed through the Business and Intellectual Property Authority (BIPA) of Namibia, or the ARIPO union where the applicant may file a single application designating the specific contracting states of ARIPO. Namibia trademarks are valid for 10 years from the filing date and are renewable every 10 years thereafter. Namibia is a member of the Paris Convention where each contracting state must grant the same Intellectual Property protection to nationals of other contracting states and provides for the right of priority in the case of patents, trademarks and designs. 

Types of Trademarks:

  • Goods and services
  • Certification marks
  • Collective marks

Trademark Duration / Renewals:

10 years from filing date and renewable every 10 years.

Trademark Filing Requirements

  • Simply signed Power of Attorney
  • Details of the Applicant (full names, physical address, nationality/country of incorporation)
  • Representation of the trade mark(s)
  • List of goods and/or services
  • Certified copy of priority document (if applicable). Namibia’s substantive law has not been changed to allow for priority claims but foreign applicants often claim priority in case the rights are recognised.

ARIPO Trademark Filing Requirements

Power of Attorney
Scanned copy of simply signed Power of Attorney. (no notarization or legalization required)

Details of the trade mark(s)
Word mark or logo. If the trade mark is a logo, please send electronically. Details of colours claimed, if applicable.

Classes and list of goods and/or services
(try to limit to 5 items per application, additional charges apply for each additional item over 5)

Details of the applicant:
Full name. Nationality / country of incorporation. Physical address.

The official search is done by ARIPO and takes about 2 to 3 weeks. The usual timeframe from filing to registration is 24 to 36 months. After filing, when all filing requirements are complete, ARIPO will transmit the application to the designated countries(s) which must indicate acceptance or refusal of the application within 1 year from the transmission of the application. Accepted applications will be published for a 3 months opposition period. A trademark registration is valid for 10 years from the date of application and renewable every 10 years.

Trademark Classes

Nice Classification

The most current edition of the Nice Classification of Goods and Services is followed. The Nice Classification, established by the Nice Agreement, is an international classification for the registration of marks. A new edition is published every 5 years and a new version of each edition is published annually.

International and Regional Systems

ARIPO

ARIPO is an organisation that facilitates registration and administration of Intellectual Property rights for various African countries. ARIPO is mandated to register marks and the administration of such registered marks on behalf of the Banjul Protocol Contracting States.An applicant may file a single application designating the specific contracting states either directly at ARIPO or through a contracting state.

Paris Convention

Namibia is a member of the Paris Convention where each contracting state must grant the same Intellectual Property protection to nationals of other contracting states, and provides for the right of priority in the case of patents, trade marks and designs. The Paris Convention is an international agreement which helps creators ensure that their intellectual property is protected in other countries. It applies to IP in the widest sense as it covers patents, trade marks and industrial designs to name a few.

Madrid Protocol

Namibia is a member of the Madrid Protocol. The Madrid Protocol is an international treaty designed to simplify the international trademark registration process. Using this process, registrants are able to complete a single application, in their home language, that can then be applied to over 90 member countries.

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