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FAQ

Frequently Asked Questions Intellectual Property

  1. How long it takes to register a trade mark?
    Trademark registration process takes minimum 6 month.

  2. What do I get when I submit my application?
    The issue a first documents called a filing notice (acknowledgment of trademark application with all the relevant information including date of receipts).

  3. Application fees?
    N$600.00 for the first class and N$480.00 for each additional class.

  4. What else do I will get when I get a filling notice?
    Examination report – This can be absolute refusal, conditional acceptance or a notice of acceptance

  5. How to protect the trademark all over the world?
    You can file a single application through the office of origin to WIPO and designate in each country you want protection.

  6. Am I allowed to trademark a logo with a national flag?
    No, all countries that are parties to the Paris convention prohibits the use of national flag as a trademark.

  7. To what extend does BIPA enforce IP protection?
    BIPA is only a registration authority and IP rights enforcement are the responsibility of the IP rights holder.

  8. What to include in the patent application?
    Title of Invention
    Applicants details
    Inventors details
    Description
    Claims
    Abstract
    Drawing
    Application fess

  9. How to draft a patent document?
    Application should relate to one invention or a group of inventions.
    Description should disclose the invention in a manner sufficiently clear.
    It must have claims which determine the scope

  10. Does BIPA have a patent drafting format?
    No, applicants should look for his/her own patent drafter

  11. Application fee and how long?
    Application fees – N$ 1000 for patent and N$ 500 for Utility model

 

Frequently Asked Questions Business Registration

  1. What are the type of Businesses that one can register with BIPA?

    • You can register a Defensive Name (used as to trade as Sole Proprietorship)
    • Close Corporation (a CC)
    • Private Company (Pty Ltd)
    • Public Company (Ltd)
    • Public company as Non-profit Association (also known as Section 21 Company).

  2. What is a Company

    • A company is a more complex business structure.
    • It is a separate legal persona with its own rights, privileges and liabilities.
    • The owners of a company are its shareholders.
    • The shareholders appoint directors to oversee the operations of the company.
    • The company has a life of its own and does not dissolve when ownership changes.
    • Companies may be formed for profit or non-profit purposes and can assume any of the following forms.
      • Private company (Pty) Ltd- Limited to 50 shareholders
      • Public company (Lty) – unlimited shareholding
      • Non-Profit Association incorporated under Section 21 also a public company
      • External Companies

  3. What are the Forms required to register a Company?

    • Submission of a name application/ reservation form CM5 – N$75
    • Application for a Certificate of Incorporation Certificate CM1
    • Certification Commence Business CM46 – N$100
    • Memorandum and Articles of Association in triplicate forms of which 2 x copies are certified by Notary Public
      • CM2 (N$150 + value of share capital)
      • CM44
      • CM44C
      • CM5 (Copy of approved name)
    • Notice of postal and registered address on CM22 – N$20
    • List of directors, Auditors and public Officers on CM29 – N$20
    • Appointment of an Auditor on CM31 – N$20
    • Statement by each Director regarding the Adequacy of Capital of company on CM47 – N$50
    • Application for Certificate to Commence Business on CM46 – N$100
    • Request for Submission of Additional Copies CM51 – N$10

  4. What is a defensive name?
    The purpose of a defensive name is to prevent the registration of another entity with that name, or a name as nearly resembling it; and once a defensive name is registered it will be protected for a period of 2 years, with a possible renewal of another 2 years ONLY. A defensive name is therefore not registered for the purpose of trading but only for the purpose of protecting a name, as stipulated in Section 49 (2) of the Companies Act, 2004.

  5. What is the procedure to Register Private (Proprietary) Limited and Public (Limited) Companies?

    • Due to the relative complexity in the compilation of the registration documents, it is recommended that the service of a legal practitioner be sourced in this regard.
      • The Memorandum and Articles must be certified by a Notary Public
    • Documents must be adjusted to fit the specific circumstances and needs of each respective company
      • After preparation of the forms by the legal practitioner, such are submitted for registration to BIPA with the prescribed submission fees

  6. What is a Close Corporation?

    • Formed by minimum one member and maximum of ten members.
    • The members own and manage the affairs close corporation
    • Ownership of the close corporation is referred to as percentage interest and must add up to a 100% as a total of all members interest.
    • The close corporation must be profit making in its intentions.
    • It is a legal persona separate from the members;
    • Liability ensues in case of negligence by the members (S63 and S64)

  7. Forms required to register a Close Corporation

    • Form CC8 (N$75-00) – application for Name Reservation
    • Form CC1 N$150-00 – Founding Statement, in triplicate
    • Consent Letter – to be obtained from a certified accountant as per section 59(2)), registered with a recognized accounting body as per section 60(1).
    • Certified copies of identification documents of the members and the witnesses

  8. Procedure to register a Close Corporation

    • Choose a unique name for your business
    • Apply to reserve the chosen name of Form CC8 (advisable to provide six optional names)
    • BIPA will consider the Names in accordance with the Name Guidelines
    • Following the approval of the Business Name
    • Submit Form CC1
    • BIPA will consider your application in accordance with the law.

  9. What is the procedure to register a Defensive Name?

    • Choose a unique name as your Defensive Name
    • BIPA will consider the Names in accordance with the Name Guidelines
    • BIPA is obliged to protect the name by law
    • BIPA also protects the consumer against confusingly similar or undesirable names

  10. What Forms needs to be lodged at BIPA?

    • CM 5 (N$75-00) – application for the name reservation
    • CM 8 (N$300-00) – actual registration
    • CM8A (N$160-00) – renewal
    • Defensive name is valid for 2 years and can be renewed for another 2 years with no further renewal
    • Can be Converted into a business entity (company or close corporation)

  11. Can I view the registration information of businesses in Namibia?
    In terms of the laws regulating the registration of businesses, BIPA is required to maintain a register of all registered entities, and such a register is open to the public for inspection. In order to gain access to such records, one must submit a request to BIPA by completing a ‘’file request form’’ at a BIPA Office or send an email to filerequest@bipa.na, and pay the associated fees. Thereafter, the records will be made available, for inspection at the office or on email. Due to the fact that BIPA does not maintain its own archive and document warehousing, the records are hosted off -premises and it takes about 3 to 5 days for a file to be delivered to BIPA.