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INTRODUCTION
Tanzania mainland (Tanganyika) and Tanzania Zanzibar (Zanzibar) are two different jurisdictions when it comes to Trademark protection. Intellectual property laws follow within the ambit of non union matters. Protection is done in different authorities i.e In Tanzania mainland, there is Business Registration and Licencing Authority (BRELA) while in Zanzibar, registration is done via Zanzibar Business and Property Registration Agency (BPRA).
A trademark owner wishing to protect his mark in Tanzania Mainland may choose either to lodge his application in Tanzania or to secure protection through African Regional Industrial Property Organization (ARIPO), since it is a member and is also a party member to the Banjul Protocol. A protocal that was adopted on 19 November 1993 and empowers ARIPO to register marks centrally for those ARIPO member states. Therefore, both registration done through BRELA or through ARIPO has the same status when it comes to recognition, protection and enforcement.
The African Regional Industrial Property Organization (ARIPO) has ten (10) member states; Registration done grants protection and recognition in all countries, that is: Lesotho, Malawi,Namibia, Sao Tome and Principe, Botswana, Swaziland, Uganda, Liberia Tanzania (mainland) and Zimbabwe.
TRADEMARK REGISTRATION REQUIREMENTS AND PROCEDURES
1. Trademark search (not mandatory though we recommend the same to be done before lodging application)
2. Power of Attorney appointing a local representative. It require no notarization, has to be signed only if the applicant is an individual person or to be signed and stamped with company stamp if the applicant is a legal entity.
3. If the proposed trademark is in a language other than English the Trademark Office normally requires the application to be accompanied with verified English translation; and Specification of the goods and services for which registration is to be registered.
4. The mark itself, if it is in form of a picture, then have to be presented in jpg format
5. Name and address of the Applicant, if the applicant is a natural person, a copy of his valid passport in pdf format is required.
- After longing the application for trademark registration, which is currently done online, and paying of the prescribed fees, the application will be subject to examination by the Registrar to ascertain any existence of a mark of the same nature in the registry or resemblance with the already registered marks that is likely to confuse the public/ consumers of the goods/and or services. If the mark complies with the requirements, then will be approved, ready for registration.
After being approved, will be advertised for sixty (60) days in the Trademark and service mark Journal, for Tanzania Mainland but in Zanzibar, advertisement is done in the government Gazette. The essence of advertisement is to invite any interested party to lodge notice of opposition. But if no opposition is lodged, after expiration of sixty days, the Registrar will proceed issuing a certificate of registration.
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