The short answer
A Namibian trade mark registration is valid for 10 years from the date of the application and can be renewed for consecutive 10-year periods. A 6-month grace period applies for late renewal with a surcharge. Opposition must be filed within 60 days of publication. A mark can be removed after 3 or more continuous years without bona fide use. The Act also lets applicants claim 6-month Paris priority.
Trademark deadlines in Namibia at a glance
These rules come from the Industrial Property Act, 2012 (Act No. 1 of 2012, as amended by Act No. 8 of 2016), in the English text on WIPO Lex, and from the Industrial Property Regulations 2018 (Regulations No. 114 of 2018) for time limits. We confirm the current fees with BIPA before we file.
| Question | Answer |
|---|---|
| How long does a trademark last? | 10 years from the date of the application, renewable for consecutive 10-year periods (Sections 157 and 158). |
| Which date does the term count from? | The date of the application for registration (Section 157). |
| When can I renew? | The owner files a written request and pays the prescribed renewal fee before the 10 years end. The Registrar sends a notice to the address for service at the prescribed time before expiry (Section 158(1) and (3)). |
| Is there a grace period? | Yes. A grace period of 6 months is allowed for late payment of the renewal fee on payment of the prescribed surcharge. After it, the registration lapses and is removed, but it can be restored on application if the omission was unintentional and there was no undue delay (Sections 158(2), (4) and 159). |
| Opposition period | After the application is accepted and published, any person can give notice of opposition on the ground that a registrability requirement is not met. The Regulations set the period at 60 days from publication, on Form TM 4 with the fee. The applicant then has 30 days to send a counter-statement (Section 147 and Regulation 107). |
| Reply to an office action | The Registrar examines the application as to form and substance, then accepts it, accepts it with conditions or refuses it. If the Registrar refuses, the applicant must submit arguments or ask for a hearing or extension within the prescribed period, or the application is treated as abandoned (Sections 145 and 146). |
| Priority claim | The application may claim Paris Convention priority of an earlier national, regional or international application if filed within 6 months of the earlier application. The Registrar may require a certified copy (Section 142). |
| Non-use | Any person can ask the Registrar to remove a mark, in whole or for some goods or services, if up to three months before the application there had been no bona fide use for a continuous period of 3 or more years after the registration certificate was issued. The owner can show special circumstances in the trade and no intention to abandon (Section 176). |
| Assignment | A registered mark or application can be assigned with or without the goodwill, for all or some of the goods or services. An assignment likely to deceive or cause confusion is invalid (Sections 161 and 174). We record the change so the register shows the new owner. |
Who can register a trademark in Namibia
Any person can apply. The filing date is the date the request, the representation of the mark and the fee are lodged (Section 143). Goods and services follow the international classification.
Representation. The applicant gives an address for service, and where the applicant has no address in Namibia, BIPA expects a Namibian agent to act. A change of the address for service or agent must be reported within 60 days (Regulation 20 and the change-of-details rule). We file through a Namibian agent.
Trademark registration process in Namibia
Search
- Search the the Registrar of Industrial Property at the Business and Intellectual Property Authority (BIPA) records for identical or similar marks in your classes.
File the application
- File with the the Registrar of Industrial Property at the Business and Intellectual Property Authority (BIPA), through your Namibian agent.
- Claim priority at filing if you filed abroad recently.
Examination
- The office examines the application and tells you in writing if there is a problem. We reply within the time set in the notice.
Publication and opposition
- An accepted application is published.
- After acceptance, the mark is published and any person can oppose within 60 days (Section 147 and Regulation 107).
Registration
- If there is no opposition, or it fails, the mark is registered and a certificate is issued.
Official fees are set by the the Registrar of Industrial Property at the Business and Intellectual Property Authority (BIPA) and change. We confirm the current fee for your classes before we quote, so the figure you see is the one that applies on the day.
Namibia trademark validity and renewal
- The term is 10 years from the application date.
- Renew by written request and fee before expiry.
- A 6-month grace period applies with a surcharge, then the registration lapses.
- Use the mark in Namibia within 3 years to avoid removal.
Diarise the expiry date from the date stated on your certificate and renew early.
Assignment, licence and changes to a Namibian trademark
Assignment
Change of ownership
Record the assignment or transfer under Section 161. It can cover some or all goods (Section 174).
Licence
Licensing the mark
Voluntary licences and registered users are regulated by Sections 165 to 173.
Alteration
Changes to the mark
The mark can be altered only as Section 160 allows.
Surrender
Giving up goods or the mark
The owner can ask to cancel the registration in whole or in part (Section 175).
Non-use and cancellation of a Namibian trademark
Under Section 176, any person can ask the Registrar to remove a mark for 3 or more continuous years of non-use. Section 177 covers removal when a mark becomes generic, and Section 179 deals with invalidation of the registration. Disputes can go to the Industrial Property Tribunal.
Keep dated proof of use in Namibia: invoices, packaging, advertising and website pages that show the mark with the goods or services.
How to check a trademark in Namibia
Search the BIPA trade mark register and the Industrial Property Bulletin where accepted applications are published. The 60-day opposition period runs from publication.
Sources used
- Industrial Property Act, 2012 (Act No. 1 of 2012, as amended by Act No. 8 of 2016), English text on WIPO Lex: Sections 142, 143, 145 to 148, 157 to 159, 161, 174 to 177.
- Industrial Property Regulations 2018 (Regulations No. 114 of 2018), English text on WIPO Lex: Regulation 107.
Namibia trademark FAQ
How long does a trademark last in Namibia, and from when?
10 years from the date of the application, renewable for consecutive 10-year periods (Sections 157 and 158). It counts from the application date (Section 157).
When should I renew a Namibian trademark, and is there a grace period?
The owner files a written request and pays the prescribed renewal fee before the 10 years end. The Registrar sends a notice to the address for service at the prescribed time before expiry (Section 158(1) and (3)).
What is the opposition period in Namibia?
After the application is accepted and published, any person can give notice of opposition on the ground that a registrability requirement is not met. The Regulations set the period at 60 days from publication, on Form TM 4 with the fee. The applicant then has 30 days to send a counter-statement (Section 147 and Regulation 107).
How much does it cost to register a trademark in Namibia?
The official fee is set by the the Registrar of Industrial Property at the Business and Intellectual Property Authority (BIPA) and changes. We confirm the current fee for your classes and quote the full cost before filing.
Can a foreign company register a trademark in Namibia?
Yes. We file through a Namibian agent, who provides the address for service. A change of agent or address must be reported to BIPA within 60 days.
Can I assign a Namibian trademark?
A registered mark or application can be assigned with or without the goodwill, for all or some of the goods or services. An assignment likely to deceive or cause confusion is invalid (Sections 161 and 174). We record the change so the register shows the new owner.
Can a Namibian trademark be cancelled for non-use?
Any person can ask the Registrar to remove a mark, in whole or for some goods or services, if up to three months before the application there had been no bona fide use for a continuous period of 3 or more years after the registration certificate was issued. The owner can show special circumstances in the trade and no intention to abandon (Section 176).
How can I check the status of a Namibian trademark?
Use the the Registrar of Industrial Property at the Business and Intellectual Property Authority (BIPA) register and check the publication, registration and renewal dates.
Can I claim priority from my home country?
The application may claim Paris Convention priority of an earlier national, regional or international application if filed within 6 months of the earlier application. The Registrar may require a certified copy (Section 142).
How do I change the owner's name or address?
Record the change with the the Registrar of Industrial Property at the Business and Intellectual Property Authority (BIPA) so notices and renewal reminders reach the right address. Ask us for the current form.
Protect your brand in Namibia
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