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Nontraditional Marks Take Center Stage During Trademark Examiners Training for Kenya, Rwanda, and Zambia

Published: January 15, 2025

Hazel Okoth

Hazel Okoth Africa Consultant INTA Nairobi, Kenya

Nontraditional marks (NTMs) were the highlight of a recently concluded virtual trademark examiners training for the Patents and Companies Registry in Zambia, the Intellectual Property Division of the Rwanda Development Board, and the Kenya Industrial Property Institute. The robust program, which was hosted by INTA, was in response to Zambia’s new Trademarks Act. The Act has introduced provisions related to NTMs and multiclass applications and aligns with international frameworks, such as the Madrid Protocol.

The sessions related to NTMs were conducted in collaboration with the Intellectual Property Office of Singapore, whose representatives took the trademark examiners through the examination of various marks, such as 3D marks, color marks, sound marks, movement marks, holograms, scent marks, and flavor marks. This was followed by a review of related case law to give the examiners an appreciation of the full range of issues that are considered when examining these types of marks.

NTMs are gaining gradual recognition in Sub-Saharan Africa, with jurisdictions looking to modernize their laws to accommodate these types of marks.

The training program also included sessions on the Madrid System for the International Registration of Marks, Classification of Trademarks, Trademark Disclaimers, and the Protection of Famous and Well-Known Marks. It was facilitated by Wana Chinyemba (Dentons, Zambia), Debbie Roenning (Director, MADRID Legal Division, WIPO), Harmonization of Trademark Law and Practice Committee Chair Isabel Cortes (PONS IP, Spain), Harmonization of Trademark Law and Practice Committee Vice Chair George-Mihai Irimescu (Baciu Partners, Romania), Johanna Kibet (Senior Trademark Examiner, Kenya), NTMs Committee member Anna Sokolowska (Traple Konarski Podrecki i Wspolnicy Sp.j, Poland), Famous and Well-Known Marks Committee member Ugur Aktekin (GUN Partners, Türkiye), and Commercialization of Brands Committee member Eva Toledo (PADIMA, Spain).

This program underscores INTA’s commitment to engage with IP offices through capacity building in order to boost the consistency, quality, and harmonization of trademark examination, as well as its determination to share best practices and new insights on trademark protection.

INTA Consultant Hazel Okoth supports the Association’s members across Africa in collaboration with the staff at INTA’s headquarters in New York, New York, USA, and Representative Offices around the world. Ms. Okoth works on the Association’s policy, membership, marketing, and communications initiatives in Africa. Please contact Ms. Okoth to learn more about INTA’s activities in Africa.

Although every effort has been made to verify the accuracy of this article, readers are urged to check independently on matters of specific concern or interest.

© 2025 International Trademark Association

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