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Namibia
Information on the filing of Patents, Designs and trademarks in Namibia

South AfricaMauritania, member of OAPI & PCTMali, member of OAPI & PCTNiger, member of OAPI & PCTBakina Faso, member of OAPI & PCTIvory Coast, member of OAPIGuinea, member of OAPISenegal, member of OAPIChad, member of OAPICameroon, member of OAPICentral African Republic, member of OAPICongo, member of OAPIGabon, member of OAPILibyaSudan, member of ARIPOKenya, member of ARIPOBenin, member of OAPITogo, member of OAPIGuinea Bisaau, member of OAPIMali, member of OAPIEquatorial Guinea, member of OAPIAlgeriaAngolaDemocratic Republic of CongoMoroccoMadagascarNigeriaEgyptEthiopiaLiberiaTanzania, member of ARIPOZambia, member of ARIPOZambia, member of ARIPOMozambique, member of ARIPOSierra Leone, member of ARIPOUganda, member of ARIPOTunisiaGhana, member of ARIPOLesotho, member of ARIPOSomaliaEritreaRwandaMalawi, member of ARIPOSwaziland, member of ARIPOSouth Africamember of OAPIBurundimember of ARIPOmember of OAPImember of OAPImember of OAPImember of OAPImember of OAPImember of OAPImember of OAPImember of OAPImember of OAPImember of OAPImember of OAPImember of OAPImember of OAPImember of OAPImember of OAPImember of OAPImember of ARIPOmember of ARIPOmember of ARIPOmember of ARIPOmember of ARIPOmember of OAPImember of ARIPOmember of ARIPOmember of OAPImember of ARIPOmember of ARIPOmember of ARIPOmember of ARIPOmember of ARIPOmember of ARIPOmember of ARIPOmember of ARIPOmember of ARIPOBurundi

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Tel: (27)(12) 342 1774
Fax: (27)(12) 342 3027
222 Richard Street, Hatfield, 0028, South Africa
P.O.Box 13575 Hatfield 0028
Republic of South Africa
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hahn@hahn.co.za

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Office Hours:
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We are closed on Saturdays, Sundays and Public Holidays although our professional staff can often be reached on their emails after hours or by prior arrangement.

 

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PATENT REGISTRATIONS

Namibia is a member of the International Convention (from 1 January 2004), ARIPO (from 24 April 2004), and of the PCT (from 1 January 2004). However, even though Namibia joined the PCT on 1 January 2004, the procedural framework for the entry and regulation of PCT national phase applications has yet to be determined and, until then, the below information is still applicable. Accordingly, we advise that the ARIPO route be used for PCT applications.

At present, novelty is only destroyed by prior local knowledge or use, or sale for more than two years in any country outside Namibia.

The requirements for filing a non-PCT application in Namibia are as follows:

(a) A Power of Attorney - no legalization or notarization necessary;
(b) An Assignment of Invention (not required if the inventor(s) and applicant(s) are the same) - no legalization or notarization necessary; and
(c) A copy of the specification (including claims, drawings, and abstract) in English.

Please note that the documents listed under item (c) are required on the day of filing. Items (a), and (b) can be late lodged subsequent to the filing date.

An application is only subjected to formal examination which takes place automatically - there is no examination as to novelty.

We estimate that the cost of filing a patent application in Namibia will be between about US$ 2000.00 and US$ 2200.00 (excluding translation costs, if necessary).

TRADEMARK REGISTRATIONS

1. Filing requirements

1.1 Full name, street address and description of the applicant (including trading style, if any, and state/country of incorporation, if incorporated).
1.2 List of goods and/or services.
1.3 A power of attorney, simply signed. No legalization or notarization required.
1.4 15 prints of the mark - alternatively electronic format

2. Classification

2.1 The 42 classes of the International Classification (Nice Agreement) are followed (5th edition).
2.2 Multiclass - No.

3. General

3.1 Duration : 10 years from filing date and renewable for further periods of 10 years
3.2 Use : Non-use by owner or licensee for a continuous period of 5 years from registration may render a mark vulnerable to expungement upon request by a third party.
3.3 Marking : Advisable.
3.4 Licenses : Permitted.
3.5 Collective marks : Not provided for.
3.6 Assignments : Permitted.

4. Costs

4.1 Application : 1st application/class $877.00; additional application/class filed simultaneously $719.00 each. *
4.2 Assignment: First trade mark $582.00, additional trade marks filed simultaneously $202.00 each, preparation of documents $143.00.
4.3 Recordal of change of name: First trade mark $328.00, additional trade marks filed simultaneously $201.00 each.
4.4 Recordal of change of address: First trade mark $168.00, additional trade marks filed simultaneously $121.00 each.
4.5 Recordal of change of address for service: First trade mark $77.00, additional trade marks filed simultaneously $30.00 each.
4.6 Licences: First trade mark $536.00, additional trade marks filed simultaneously $164.00 each, preparation of statement of case $97,00; preparation of registered user documents $377.00.
4.7 Renewal: First registration $470.00, additional registrations renewed simultaneously $348.00 each.
4.8 Search : From $460.00.

*Please note that the application fee covers the filing costs, normal prosecution of the application and advertisement costs only. Additional costs could well arise upon examination of the application which are difficult to estimate as it would depend on the various requirements raised by the Registrar i.e. disclaimers, admissions etc., advertisement and payment of registration fees.

Please further note that the above amounts exclude the following up and obtaining of certificates pertaining to renewal, assignment, licences, change of name and change of address.