Legal notes to trademark registration in Tanzania

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Trademark registration in Tanzania. Tanzania, officially the United Republic of Tanzania, is a country in East Africa within the African Great Lakes region. Tanzania is mountainous and densely forested in the northeast, where Mount Kilimanjaro is located. Three of Africa’s Great Lakes are partly within Tanzania. In 2020, the World Bank declared the rise of the Tanzanian economy from a low income to a lower-middle-income country. Accordingly, many businesses want to enter this market and one of the most important preparations a business needs to take before expanding to this country is to learn the procedure of trademark registration in Tanzania.

Trademark in Tanzania

A mark that can be registered as a trademark in Tanzania can be any name, signature, drawing, or any combination thereof.

In general, every mark can be registered as a trademark in this country if it qualifies the following criteria:

  • Able to distinguish the goods or services of one party from those of other parties;
  • Be represented in a way that the competent authorities, as well as the public, may recognize the subject of protection accurately.

If an applicant successfully registers a trademark in Tanzania, they will be granted an exclusive right to the use of that mark, or any other beneficiaries.

Necessary documents for trademark registration in Tanzania

Necessary documents for trademark registration in Tanzania include:

  • The application for trademark registration in Tanzania;
  • Detailed information of the applicant (name, nationality, and address, etc.);
  • Detailed information of the representative or attorney (name, nationality, and address, etc.);
  • Classification of goods and/or services;
  • Trademark sample;
  • Priority documents (If any);
  • The prescribed fee;
  • Other necessary documents.

The procedure for trademark registration in Tanzania

To obtain trademark protection in Tanzania, the applicant needs to file their trademark application to the Tanzania IP Office.

In addition, the applicant can also file their trademark application online by visiting the website www.brela.go.tz (https://ors.brela.go.tz/ors) and create an Online Registration System (ORS) Account.

After receiving the trademark application, the examiners at the IP Office of Tanzania will conduct a thorough examination to check if the application is valid and the mark is registrable as a trademark under Tanzania law.

If the application complies with the law, it will be published in the Trademark Journal of Tanzania.

There will be a 60 days period in which any parties who feel like their rights are violated may file for the opposition of the registration of the mark.

If there are no oppositions, the applicant will receive the certificate of trademark registration in Tanzania.

After registration, the trademark is protected for the first/initial period of 7 years and can be renewable for ten years consecutively.

Note:

  • If the trademark owner decides to transfer/assign the right of the trademark to someone else, he/she will have to inform the Registrar for registration and endorsement.
  • If the trademark owner wants to make any change of name or address, he/she will have to inform the Registrar.

IP treaties of Tanzania

Tanzania is a party to the following IP treaties:

  • World Intellectual Property Organization Convention (effective for Tanzania from 30 December 1983);
  • Paris Convention (effective for Tanzania from 16 June 1963);
  • Nice Agreement Concerning the International Classification of Goods and Services for the Purposes of the Registration of Marks (effective for Tanzania from 14 September 1999);
  • Agreement on the Creation of the African Regional Industrial Property Organization ((effective for Tanzania from 12 October 1983);
  • The Protocol on Marks within the Framework of African Region Industrial Property Organization (effective for Tanzania from 01 September 1999);
  • Agreement on Trade-Related Aspects of Intellectual Property Rights.

You can see a list of Tanzania IP firms here.

 

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