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How To Register A Trademark In Namibia
In this post, I am going to tell you how to register a trademark in Namibia. A trademark is a type of intellectual property that consists of a distinguishable sign, design, or expression that distinguishes the goods or services of one source from those of other sources. In common parlance, trademarks that are put to use in order to identify services are more commonly known as “service marks” than trademarks.
Requirements for registering a trademark in Namibia:
- A trademark needs to be distinctive, which means that it either needs to stand out on its own or be able to differentiate the products or services of the company it represents from those of other companies operating in the same industry or in related industries.
- A trademark cannot contain any self-congratulatory or laudatory language, such as “first class,” “best quality,” “top quality,” “best ever,” etc.
- A trademark may not contain any elements or phrases that are offensive, derogatory, immoral, or confusing, nor may it contain any words that could be construed as an insult in certain cultures, beliefs, communities, or traditions, among other things.
- In addition to this, it cannot be the same as or confusingly similar to a trade mark that has already been registered by another applicant in connection with goods or services that are comparable.
- It is not appropriate for a trademark to include a coat of arms, a seal, or a national flag; nor should it include any indication of state sponsorship.
Procedure To Register A Trademark In Namibia:
- To begin, it is strongly recommended that people who wish to apply for trademarks conduct a trademarks similarity search on the BIPA trademark database. This can be done in order to verify that the mark for which they wish to apply is not already in use.
- Once it has been determined that the applicant’s desired trademark is not already in use by another party, they will be required to acquire a Trademark Application form (Form TM 1) from either the IP Office or one of the MITSMED Regional Offices.
Steps to Register A Trademark in Namibia:
- Filing route – The first step is to file your Application at BIPA; or filed at ARIPO or WIPO designating Namibia
- Publication requirements – The applications are published in the Industrial Property Bulletin at BIPA, before registration, for purposes of opposition.
- Opposition period – People are given a period of 60 days to oppose the applications from date of publication
- Duration of protection – The trademark will expire after 10 Years
- Renewal – Renewal of your trademark can take place 10 years after filing date, subject to payment of renewal fee
Frequently Asked Questions For Registering A Trademark in Namibia
Where can I submit my trademark application in Namibia?
If you want to register a trademark in Namibia, you will need to submit an application to the BIPA in Namibia. Alternatively, applications can be submitted to ARIPO or WIPO with Namibia designated as the filing country.
Are trademark applications made public?
Yes, applications are published in the Industrial Property Bulletin at BIPA, before registration for purposes of opposition.
How do I oppose a trademark application in Namibia?
You can submit your notice of opposition to any trade mark registration this will cost you N$200
Can I register a trademark in Namibia without a company?
To legally register a trademark in Namibia, you do not need to have a business entity in place first. This is not a prerequisite under any circumstances. Even if you don’t formally register your company, just doing business under a particular name can give you certain rights under “common law.”
How much does trademark registration cost in Namibia?
The application fee for a trademark in one class is N$600. The application fee for a mark in each additional class is N$480. Fee for corrections to application before filing date is N$50 and Request to amend application for registration will also cost you N$50.
Can I withdraw my trademark application in Namibia? How much does it cost?
Yes, You may withdraw your trademark application in Namibia if you want. Application for the withdrawal of a trade mark registration application will cost N$200
Do trademarks expire in Namibia?
In Namibia, a trademark is valid for a period of ten years, after which it can be renewed for a fee of three hundred Namibian dollars (N$300) for the first class of the trademark, or two hundred and forty Namibian dollars (N$240) for each subsequent class of the trademark. After ten years from the date of filing, a renewal may be requested, but the fee for doing so must first be paid.
Can I trademark a name already in use but not trademarked in Namibia?
If you’re wondering whether or not you can trademark something that already exists, the short answer is “no.” In most cases, you won’t be able to register a trademark in Namibia for your own use if someone else has used it before you.
Is it better to trademark a name or logo?
If you want to safeguard both your company name and your logo, you should submit applications to register both of them as trademarks. You want to make sure that you have the advantage of the protection afforded by both a word mark and a design mark in the event that someone directly counterfeits your goods or services by using a name and logo that are similar to yours.
How long does a trademark application take to be approved in Namibia?
There are many factors that affect how long it takes to register a trademark in Namibia. For instance, other people are given a period of time of sixty days during which they can object to your application for a trademark. In point of fact, there is no assurance that your trademark will ever be registered because there are a variety of legal reasons why it could be rejected.
If you have more questions, look through our blog for answers!
