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.
present, novelty is only destroyed by prior local
knowledge or use, or sale for more than two years
in any country outside Namibia.
requirements for filing a non-PCT application in Namibia
are as follows:
A Power of Attorney - no legalization or notarization
(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.
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.
application is only subjected to formal examination
which takes place automatically - there is no examination
as to novelty.
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,
1. Filing requirements
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
The 42 classes of the International Classification
(Nice Agreement) are followed (5th edition).
2.2 Multiclass - No.
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
3.3 Marking : Advisable.
3.4 Licenses : Permitted.
3.5 Collective marks : Not provided for.
3.6 Assignments : Permitted.
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
4.4 Recordal of change of address: First trade mark
$168.00, additional trade marks filed simultaneously
4.5 Recordal of change of address for service: First
trade mark $77.00, additional trade marks filed simultaneously
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.
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.
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