Apr 02, 2020 (Newsletter Issue 5/20)Zanzibar’s IP Practice ChangedZanzibar’s Business and Property Registration Agency (BPRA) has introduced several amendments:
- An Online Registration System (ORS) has been put in place in Tanzania (Tanganyika). However, the systems are limited to Business Entities, Secured Transactions on Movable Property and Information Services.
- Authorized agent needs now to be an individual person within a law firm which is authorized to practice law in Zanzibar. It is relevant to note that powers of attorney must be prescribed in the name of said individual agent.
- Filing numbers are allocated from two to three working days after filing the application whether before this allocation was made at the moment of filing, namely when the filing receipt was issued. However, it should be noted that due to the existing backlog at the IPO it might delay this period of 2/3 working days for a couple of weeks.
- BPRA is now publishing its own trademark’s Journal. The publication shall be available for every month from 1st March, 2020 which will be available through the BPRA website www.bpra.go.tzSource: www.inventa.com; www.bpra.go.tz Feb 28, 2018 (Newsletter Issue 4/18)Online IP Registration System LaunchedThe Tanzania Registry announced that all patents and trademarks services are provided through online registration system as from January 4, 2018.
There are no changes on the documents to be filed and the fees to be paid. The applicant completes the forms online, print, sign and scan the forms before uploading the application and making online payment.
For further information, please check hereSource: www.agip.com, www.brela.go.tz Apr 05, 2016 (Newsletter Issue 6/16)New Industrial Property Act EnactedThe 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.
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 to the Registrar of Trade and Service Marks is filed online though the Online Registration System.
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 for sixty days 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 authorised agent must be an individual person within a law firm who is authorised to practice law in Zanzibar.
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 monthly Industrial Property Journal prepared by the BPRA. 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.
Practical details on grace periods for trademark renewals are available in our publication
herePractical details on trademark use requirements are available in our publication
hereTANGANYIKA
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.
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Practical details on trademark licensing are available in our publication
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More in-depth details are available for the following aspects:
General Trademark Regulations
Trademark Use Requirements
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