In Tanzania, the main governing laws on Trademarks are the Trademark and Service Marks Act [CAP 326 R.E 2002] (the Trademarks Act) and the Trade and Service Marks Regulations, 2000 (the Trademarks Regulations). The main legislation in Zanzibar is the Zanzibar Industrial Property Act, 2008 and the Industrial Property Regulations 2014.
It is mandatory for Trademark users or any person proposing to use a trade or service mark to register it[1]. Eligible Trade or Service Mark for registration may be word(s); a figure, a picture, a colour(s), including the shape of goods or packaging or any combination of the mentioned list. It is advised to conduct an online search to check for any similarities of existing Trademarks against the proposed names.
Applications for registration of trademarks are made through the Business Registration and Licensing Agency’s Online Registration System (the ORS). Applicants not residing in Tanzania must appoint a trademark agent residing and practicing in Tanzania.[2] The Applicant has to complete an online application by providing the following information:
- a power of attorney to appoint a trademark agent;
- name and address of the Owner;
- trade or business description of the Owner;
- mark or service name;
- mark translation if any;
- colour description of a mark;
- if applicable priority document with verified English translation;
- the particular goods or services in respect of which registration of the trademark is applied;
- a declaration that the applicant or his proposed registered user is using or proposes to use the mark within Tanzania;[3]
- mark sign type i.e. logo or name or both logo and name;
- representative’s address of service; and
- Nice class as classified by the International Classification of Goods and Services. [4]
Once the online application is complete, the Applicant is required to upload and submit the application with supporting documents for evaluation.
The Registrar of Trade and Service Marks (the Registrar) may refuse to register a Trade or Service Mark application that contains any of the following:
- is identical, or resembling to an existing registered Mark[5];
- identical with or imitate the armorial bearing, flags and other emblems, names, abbreviations, initials, official sign, hallmark of any state or of any organization created by an international convention;
- contrary to the law or public morality;
- is a reproduction in whole or in part of well-known trademarks, business or company names from other countries;
- likely to deceive or cause confusion to the consumers or users;[6]
- is not a visible sign;
- is graphically not representable;
- is a geographical name; and
- it lacks distinctive character.
Upon receipt of the online application, the Registrar will examine the mark with other registered marks and pending applications and ascertain if the application has met the requirements set under the Trademarks Act.[7]
Where it is found that a pending Trade Mark that is registered in respect of any goods or services is identical with another Trade Mark or is pending in the name of the same proprietor in respect of the same goods or services the Registrar may at any time require that the Trade Mark be entered in the register as associated Trade Mark.[8]
Upon the examination and consideration of the application, the Registrar may accept the application and he will cause the Trade mark to be advertised in the Trade and Service Marks Journal [9](the Trademarks Journal) which is published every month.
Any person may within sixty (60) days from the date of an advertisement in the Trademarks Journal of an application of a mark, give notice by filling Form TM/SM5 to the Registrar opposing the registration.[10] The same case applies to Zanzibar.
If the Registrar does not receive any objection on the advertised Mark within sixty (60) days of advertisement, he shall proceed to issue the Certificate of Registration upon payment of registration fee.[11]
While making an application for a Trade or Service Mark registered outside of Tanzania, the Registrar may require proof of registration from the other country before accepting registration.
The timeframe for the completion of the registration is 90 days.
[1] Section 21 of the Trademarks Act
[2] Regulation 11(2) of the Trademarks Act
[3] Section 21(2) of the Trademarks Act
[4] Section 15 of the Trademarks Act
[5] Section 20 (1) of the Trademarks Act
[6] Section 19 of the Trademarks Act
[7] Regulation 26 of the Trademarks Regulations
[8] Section 41 of the Trademarks Act
[9] Regulation 32 of the Trademarks Regulations
[10] Regulations 34 of the Trademarks Regulations
[11] Section 28(2) of the Trademarks Act