The proprietor has exclusive right to use the trademark, to license its use, and exclusive right to import and distribute goods bearing the registered Trademark. In addition, the proprietor may bring legal action against any person who has used their trademark without a license.
The Registrar may remove from the register any registered Trademark which has not been used over a period of five (5) years. The registration of a Trade Mark is for a duration of seven (7) years from the date of registration however upon expiry it can be renewed from time to time. Upon renewal of an application by the registered proprietor of a Trade Mark within the prescribed period, the Registrar will renew the registration of the Trade Mark for a period of ten (10) years from the date of expiration of original registration or the last renewal of registration.
In Zanzibar, the first registration period is ten (10) years. The term of registration can be renewed indefinitely for a further seven (7) years after the expiry of original registration or of the last renewal of registration. The duration of registration for a trade or service mark registered under the ARIPO system is ten (10) years and renewal for ten (10) year periods indefinitely.
The proprietor has to comply with the requirements below for the renewal of registration to be accepted:
- submit a statement confirming that the Trademark in respect of the goods and services described in the registration has been in use in Tanzania at any time during the three years immediately preceding the expiration of the last registration, together with a reproduction of a Trade Mark which has been used; or
- establishes to the satisfaction of the Registrar, that special circumstances prevented use of the Trade Mark in respect of any of the goods or services described in the registration during the mentioned period and confirms that there has been no intention to abandon the Trade Mark in respect of those goods or services.
The Registrar of Trade and Service Marks (the Registrar) is required to notify the registered proprietor in writing of the approaching expiration and of the conditions as to payment of fees and other requirements necessary for obtaining renewal at least six months before the expiration of the date of the last renewal. A second notice shall be issued not less than fourteen days and not more than one month before the expiration of the last registration of a Trademark the Registrar may if no fee upon renewal has been received, send a notice in writing to the registered proprietor at his trade or business address as well as his address for service if any.
Once the renewal process is complete, a notice of the renewal of the Trademark will be sent to the registered proprietor and the renewal will be advertised in the Trade and Service Marks Journal.
The Trademark shall be dully renewed until the expiration period, if deemed fit the proprietor may renew the renewed Trademark.
Section 29(1) of the Trademarks Act
Section 29(2) of the Trademarks Act
Regulation 52 of the Trademarks Regulations
Regulation 53 of the Trademarks Regulations
Regulation 56 of the Trademarks Regulations