DISTINCTIVENESS; A PILLAR OF TRADEMARK REGISTRATION IN TANZANIA
With its breadth and importance, Distinctiveness is the mother pillar of a trademark. The uniqueness of any trademark or service begins to be measured using this pillar. This means that there is no time especially in this world of commercial competition that you can talk about the strong brand without looking at Distinctiveness. And that is why it is not surprising to see writers in the field of intellectual property explaining Distinctiveness as a cardinal characteristic of a trade mark.
So, distinctiveness is the ability of a mark to have a unique identity that distinguish it from the other goods or services that makes it registrable. For a mark to be registered, mark has to be distinctive one. Once a distinctive mark is registered it will be protected, enforceable and valid.
In Tanzania, distinctiveness as a pillar of trademark is well regulated. A trade or service mark is only eligible for registration if it is distinctive. In order to be distinctive, the mark has to have uniqueness capable of distinguishing it from goods or services of other marks.
There are basic things you need to have in mind to know if your trademark has met the distinctiveness criteria which are inherent distinctiveness of a mark as well as distinctiveness acquired by use or other circumstances. Example of inherent distinctiveness marks are words that are created by combining a word or words or symbols that do not have a direct relationship with the products or services.
Regarding use, the law does not indicate the period and extent of use. The use must be proved by sufficient evidence and must be done at any place in Mainland Tanzania.
Then the distinctive mark has to be registered. Once it is registered the owner of the mark will be granted an exclusive right over a mark. Having exclusive right over a mark prevents other people from using the mark. Under section 32 of the trade and service mark act, addresses the infringement of exclusive right and prohibits acts that would impair distinctive character.
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
Leave a Comment