Select Country

Select a country to view information on local trademark law


Countries
A-E  F-J  K-O  P-T  U-Z

Multinational Agreements
AIPO/OAPI  ARIPO 
EUIPO  WIPO

Services Firms

Check IP services firms here

Feedback

Please report us if any of this content needs an update


Get Listed

Promote your expertise to IP professionals worldwide.
read more

Tanzania (TZ)

Print this page
04-05-2016 (Newsletter Issue 6/16)
New Industrial Property Act Enacted
The Zanzibar Industrial Property Act of 2008 were enacted and published by the Minister of Justice and Constitutional Affairs in the Government Gazette of April 17, 2015 and has been made available to the public at the end of 2015. With the promulgation of the implementing Regulations in 2015, it is now possible to file and obtain protection in respect of various IP rights provided for under the New Act.

The New Act has provisions which consolidates and codifies the laws on protection of trade and service marks, patents, geographical indications, industrial designs, layout designs of integrated circuits and utility models, into one piece of legislation.
Furthermore, for the first time in Zanzibar, the New Act provided for the protection and registration of service Marks, collective marks, certification marks as well as non-traditional marks such as sound, colour and scent marks.

Few salient issues addressed in these regulations are:
- Utility models and industrial designs can now be filed in Zanzibar
- Layout designs (topographies) of integrated circuits can now be filed in Zanzibar
- Service marks, collective marks, certification marks as well as non-traditional marks can now be filed in Zanzibar
- Procedure for reclassification of trademarks
- Geographical indications can now be filed in Zanzibar
- Categorization of goods for the purposes of the registration of geographical indication provided in the third schedule
- Priority can be claimed based on an earlier application.
- Evidence under the New Act to be filed by either statutory declarations or affidavits
- Official languages are English or Kiswahili
- Registered user or license agreement can now be recorded in Zanzibar
- No refund of official fees once paid

To access the new regulation, please click here

Source: JAH & Co. IP, Qatar


The United Republic of Tanzania comprises Tanganyika on the African mainland and the islands of Zanzibar (including Pemba). Despite political unification in 1964, Zanzibar retained its legislative independence in certain areas, inter alia in intellectual property.

Thus, although the United Republic of Tanzania is a union of the two jurisdictions, the IP regime in Tanzania entails two separate and independent legal systems.

Accordingly, should protection be required in the whole of the territory, trademarks have to be protected both in mainland Tanzania and in Zanzibar.

TANGANYIKA

Legal basis is the Trade and Service Marks Act No. 12 of 1986, in force since October 24th, 1986 and the Trade and Service Mark Regulations, 2000. Tanzania is member of ARIPO (since 1999), the Paris Convention (since 1963), the WIPO Convention (since 1983) and of WTO/TRIPS (since 1995).
Tanzania is not a member of the Madrid Agreement or the Madrid Protocol.
Tanzania has also acceded to the Banjul Protocol of ARIPO. The Banjul Protocol has, however, not yet been implemented in the national trade mark laws of Tanzania, so that it is not clear whether valid trademark protection can be obtained in Tanzania via an ARIPO registration designating Tanzania.
Trademark protection is obtained by registration.

ZANZIBAR

Legal basis is the Zanzibar Industrial Property Act No. 4 of 2008, Parts III and IV and the Industrial Property Regulations of 2014. Zanzibar (as part of the United Republic of Tanzania) is a member of ARIPO (since 1999), the Paris Convention (since 1963), the WIPO Convention (since 1983) and of WTO/TRIPS (since 1995).
Zanzibar is not a member of the Madrid Agreement or the Madrid Protocol.
The comments regarding the Banjul Protocol under ‘Tanganyika’ also apply, mutatis mutandis, to Zanzibar.
Trademark protection is obtained by registration.
Nice Classification, 10th edition. There is a procedure for the reclassification of marks.
TANGANYIKA

A trade or service mark is defined to mean any visible sign used or proposed to be used upon, in connection with or in relation to goods or services for the purpose of distinguishing, in the course of trade or business, the goods or services of a person from those of another. A visible sign is defined to mean any sign including a word, name, brand, device, heading, label, ticket, signature, letter, number, relief, stamp, seal etc. or any combination thereof.
The following trademark types are registrable: trademarks, service marks, series marks. The following non-traditional trademarks are theoretically registrable: 3-D marks, colours or a combination of colours.

ZANZIBAR

A trade or service mark is defined to mean any sign capable of being represented graphically and of distinguishing the goods or services of one undertaking from those of other undertakings. A mark may consist of words, designs, letters, slogans, colours or a combination of colours, numerals, the shape of goods or their packaging, holograms, sounds or scents. The following trademark types are registrable: trademarks, service marks, collective marks, certification marks, geographical indications, a series of marks.
TANGANYIKA

The application is filed at the Trade and Service Marks Office, administered by the Registrar of Trade and Service Marks. A separate application has to be filed for each class. One application covers a single class and can be made in English or Kiswahili.
A power of attorney simply signed is necessary. No notarisation or legalisation is required. There are special forms of PoA that apply to Tanzania.
A Trade Marks Office Examiner will review the application to make sure that the mark meets the requirements prescribed by the Trade and Service Marks Act.
Foreign applicants do not need a domestic registration. Foreign applicants need a local agent.
The application process includes a formal examination, an examination as to distinctiveness and a search for prior trademarks. Signs not deemed distinctive in the examination can be registered if distinctiveness has been acquired by use.
Trademark applications accepted by the Registrar are published once in the Patent, Trade and Service Marks Journal. Thereafter the registration certificate will be issued.
The approximate time frame for completing the registration process of a trademark is about 12-18 months.

ZANZIBAR

The application is filed at the Office of the Registrar of Trade Marks.
A separate application has to be filed for each class. One application covers a single class.
Convention priority may be claimed bases on an earlier application.
A power of attorney simply signed is necessary. No notarisation or legalisation is required. The Registrar will review the application to make sure that the mark meets the requirements prescribed by the Industrial Property Act.
Foreign applicants do not need a domestic registration. Foreign applicants need a local agent.
The application process includes a formal examination, an examination of distinctiveness and a search for prior trademarks. Signs not deemed distinctive in the examination can be registered if distinctiveness has been acquired by use.
Trademark applications accepted by the Registrar are published once in the Official Journal. Thereafter the registration certificate will be issued.
The approximate time frame for completing the registration process of a trademark is about 6 months.
National:
TANGANYIKA

The opposition period is 60 days from the publication date of the application.

ZANZIBAR

The opposition period is 2 months from the publication date of the application.
TANGANYIKA

A trademark registration is valid for 7 years from date of registration and is renewable for periods of 10 years. In the event that priority is claimed, registration, and hence renewal, is calculated from the priority date.

ZANZIBAR

A trademark registration is valid for 10 years from the date of registration and is renewable for periods of 7 years.
TANGANYIKA

The grace period for renewals is 6 months starting from the date of expiration. No renewal should be possible after that date, but it appears that the Registrar accepts such renewals, provided the mark has not been removed from the register. The validity of the renewal of a registration beyond the expiry of the grace period may be questionable.

ZANZIBAR

The grace period for renewals is 6 months starting from the date of expiration. No renewal is possible after that date.


Further practical details are available in our publication on this topic here
TANGANYIKA

If the trademark has not been used within 3 years from registration, it may be subject to cancellation. However, a removal action may only be filed after 5 years from the date of advertisement of a trademark.

ZANZIBAR

If the trademark has not been used within 3 years from registration, it may be subject to cancellation. A cancellation action can be defended on the grounds that special circumstances prevented the use of the mark.

Further practical details are available in our publication on this topic here
TANGANYIKA

The official application fee is TZS 50,000, the publication fee TZS 15,000 and the registration fee is TZS 60,000 per class.

ZANZIBAR

The official application fee is TZS 75,000, the publication fee is TZS 15,000 and the registration fee is TZS 75,000 per class.

Currency Converter   (Source for exchange-rates: bankenverband.de)
Find out how much this is in your own currency and convert!

Initial currency

Amount
left-to-right wrrow
convert into
Target currency

Amount

Practical details on licensing procedures, requirements and effectiveness are available in our publication on this topic here.
Search type First class Add. class
Word Mark Search (availability) 340,00 € 250,00 € 
Word Mark Search (identical) 310,00 € 220,00 € 

The Prices above are SMD Group Search Fees
Country Index is a free service of SMD Group. We thank the following law firms for their assistance in updating the information provided.

Country Survey
05-12-2016
Triebel IP, Pretoria, South Africa  

09-29-2015
Triebel IP, Pretoria, South Africa  

07-18-2014
Brian Bacon Inc., Cape Town, South Africa
DM Kisch Inc., Sandton, South Africa



Registrar of Trade Marks
Registrar of Trade Marks
P.O. Box 260
Zanzibar

Trademark and Patent Office / Ministry of Industry and Trade
Co-operative Bldg.
Lumumba Street
P.O. Box 9393
United Republic of Tanzania

Tel +255 22 812 76 08 39
Fax +255 22 218 03 71
Mail info@brela-tz.org
www.brela-tz.org

African Regional Industrial Property Organization (ARIPO)
11 Natal Road
Belgravia
Harare
Zimbawe

P.O. Box 4228

Tel +263 47 94 0 65 68
Fax +263 47 94 07 2 or 3
Mail mail@aripo.org
www.aripo.org