Trademarks Law in Tanzania

30 May 2025 --
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Trademark law in Tanzania is governed by the Trade and Service Marks Act (Cap. 326) for mainland Tanzania (Tanganyika) and the Zanzibar Industrial Property Act, 2008 for Zanzibar. The Business Registrations and Licensing Agency (BRELA) is the primary authority responsible for trademark registration and enforcement in mainland Tanzania.

🇹🇿 Trademark Registration Process in Tanzania

1. Pre-Application Considerations

Trademark Search: Conduct a comprehensive search to ensure your proposed trademark is not identical or confusingly similar to existing registered marks.

Eligibility: Trademarks may include words, logos, slogans, shapes, colours, or combinations thereof.

2. Filing the Application

Online Submission: Applications are filed through BRELA’s Online Registration System (ORS).

Required Documents:

Completed application form

Clear representation of the trademark

List of goods/services (Nice Classification)

Power of Attorney (if applicable)

Priority document (if claiming priority)

Proof of payment of application fees

3. Examination

BRELA examines the application to ensure compliance with legal requirements. If the application meets the criteria, it proceeds to publication. This process typically takes about 1 month.

4. Publication and Opposition

Publication: Accepted trademarks are published in the Official Journal for a 60-day opposition period

Opposition: Third parties may file an opposition during this period. Grounds for opposition include:

Similarity to an existing registered mark

Lack of distinctiveness

Descriptiveness

Likelihood of confusion

Bad faith filing

If no opposition is filed, or if the opposition is unsuccessful, the application proceeds to registration.

5. Registration and Certificate

Upon successful registration, a Certificate of Registration is issued. The registration date is the filing date.

⏳ Duration and Renewal

Initial Protection:

Mainland Tanzania: 7 years

Renewal:

Mainland Tanzania: Every 10 years

Renewal applications should be filed before the expiration date.

📌 Use Requirement and Cancellation

A trademark may be subject to cancellation if it has not been used for 5 consecutive years after registration. This provision ensures that trademarks remain active and are not held indefinitely without use.

🌍 International Protection

Tanzania is a member of the Madrid Agreement and the Protocol Relating to the Madrid Agreement. This allows for the international registration of trademarks through the World Intellectual Property Organization (WIPO). Applications for international registration can be filed through BRELA.

⚖️ Enforcement and Legal Remedies

Trademark owners in Tanzania have the right to take legal action against infringement. Remedies include:(ulc.co.tz)

Injunctions: Court orders to stop infringing activities.

Damages: Compensation for losses suffered due to infringement.

Account of Profits: Recovery of profits made by the infringer from the unauthorized use of the trademark.

Criminal Offenses: Trademark infringement may constitute a criminal offense under the Cyber Crimes Act, No. 14 of 2015, with penalties including fines and imprisonment.