Ten basic facts about trademark registration in Mainland Tanzania and Zanzibar.
1. Trademark registration is not a union matter. Despite the fact that mainland Tanzania (Tanganyika) and Zanzibar are one country (united in 1961) and formed Tanzania, Thus trademark registration must be done on each side of the union. The law governing trade and service marks matters in Mainland Tanzania is Trade and Service Mark Act, 1989 R.E 2002 and Trade and Service Marks Regulations, 1999 while in Zanzibar it is the Zanzibar Industrial Property Act No. 4 of 2008 and the Zanzibar Industrial Property Regulations.
2. Registration systems. In Mainland Tanzania, the trademark registration system has been automated and registration is done through online. In Zanzibar the registration system is still manually and therefore all applications must be submitted on hard paper to the Registrar.
3. Term of registration and renewal. In Mainland Tanzania the registration of a trade or service mark is for a period of seven years from the date of registration but may be renewed for a period of ten years from the date of expiration of original registration or of the last renewal of registration. In Zanzibar the registration of a trade or service mark is for a period of ten years from the date of registration but may be renewed for a period of seven years from the date of expiration of original registration or of the last renewal of registration.
4. The use of Authorized Agent. Both in Mainland Tanzania and Zanzibar except as otherwise required, any application, request or notice to be made or given to the Registrar or the Court, and all other communications between an applicant or a person making such a request or giving such a notice and the Registrar, or the Court, and between the registered proprietor or a registered user of a mark shall be signed, made or given by or through an agent.
5. Notification on the change of information. In both Mainland Tanzania and Zanzibar, the proprietor is required to notify the Registrar regarding any change done in respect of the available information at the Registry. For stance change of name, address, assignment etc.
6. Opposition period. In both Mainland Tanzania and Zanzibar the available period of opposition is within sixty days from the date of any advertisement in the Trade and Service Marks Journal of an application for registration of a mark. However, an application for extension of time within which to file notice of opposition is allowed.
7. Removal on the ground of non-use. In both Mainland Tanzania and Zanzibar, a registered trade or service mark shall be removed from the register in respect of any of the goods or services in respect of which it is registered on application made by an aggrieved person either to the High court or to the Registrar.
8. Amendment of documents. In Both Mainland Tanzania and Zanzibar, any document or drawing or other representation of a mark may be amended, and any irregularity in procedure which in the opinion of the Registrar may be excused without detriment to the interests of any person may be corrected, if the Registrar thinks fit, and on such terms as he may direct.
9. Nice Classification. Both Mainland Tanzania and Zanzibar apply Nice Classification in designating products or services
10. Appeal from the decision of the Registrar. In Mainland Tanzania, any person aggrieved by the decision of the Registrar may appeal to the High Court of Tanzania while in Zanzibar, any person aggrieved by the decision of the Registrar may appeal to the High Court of Zanzibar.
Name Mkama M. Kalebu
Position Managing Partner and Intellectual property Consultant
Company ENDO & Co. Advocates
E-Mail: Mkama.kalebu@ndowoadvocates.co.tz
Whatsapp: +255 657577055
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