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June 2016
Briefing
Trademark
Registration
Mainland Tanzania (Tanzania) and Zanzibar
maintain separate trademark laws and registration
systems. Consequently, protection sought in one
part of the Union will not extend to the other. To
obtain trademark protection throughout the Union,
registration must be obtained in both Tanzania and
Zanzibar by filing separate trademark applications.
Legal basis
Legislation
The principal legislation governing trademark use in Tanzania and Zanzibar is:
The Trade and Service Marks Act, 1986
The Trade and Service Marks Regulations, 2000
The Zanzibar Industrial Property Act, 2008
The Trade Marks Rules G.N 47 of 1955 (this legislation is currently being
amended)
Regulatory authorities
In Tanzania, the Business Registration and Licensing Agency (BRELA) acts as
the Registrar of Trademarks and regulator of registered trademarks while in
Zanzibar, the Trademarks Registration Office carries out these functions.
International and regional bodies may also be involved in securing trademark
registrations in Tanzania, such as the African Regional Intellectual Property
Organisation (ARIPO) of which Tanzania is a member country.
Tanzania has also signed up to various treaties including those related to the
World Intellectual Property Organisation (WIPO).
The reasons for refusing the application entirely may be because the trademark
is identical or similar with a trademark already applied for or in a pending
application. Other applications may be refused because they either lack
distinctiveness or they are considered under the law as prohibited marks.
When the Registrar objects to the application, he will inform the applicant of
his objections in writing. The applicant must respond to these objections within
one month by applying for a hearing or making a considered reply in writing to
those objections. If he does not do so within the stipulated time, the applicant
will be deemed to have withdrawn his application.
Peter Kasanda
Partner, Dar es Salaam
E: peter.kasanda@clydeco.com
T: +255 767 850 056
Tenda Msinjili
Associate, Dar es Salaam
E: tenda.msinjili@clydeco.com
James Pius
Associate, Dar es Salaam
E: james.pius@clydeco.com
When the Registrar has accepted the trademark application absolutely or has
accepted it subject to certain conditions or limitations to which the applicant
does not object, he shall promptly advertise it in the Trade and Service Marks
Journal (the Trademarks Journal). Any potential rectifications or corrections in
the trademark application will also be advertised in the Trademarks Journal.