Trademarks in Tanzania

Competent Authority

• Name of Office: Business Registrations and Licensing Agency (BRELA) for Mainland Tanzania; Zanzibar Business and Property Registration Agency (BPRA) for Zanzibar. (Note: Tanzania operates a dual-jurisdiction intellectual property system; a registration on Mainland Tanzania does not automatically extend to Zanzibar, and vice versa).
• Working Language: English and Kiswahili.
• System Type: National dual-system framework.

International Treaties

• Paris Convention: Member.
• Madrid System: Tanzania is not a member of the Madrid Agreement or the Madrid Protocol.
• ARIPO: While Tanzania is a member of the African Regional Intellectual Property Organization (ARIPO), local judicial precedent (e.g., Lakairo Industries Group Co. v.) has established that ARIPO Banjul Protocol trademark designations are not automatically domesticated or locally enforceable without specific national enactment. Consequently, direct national filing via BRELA remains the recommended and legally secure route for Mainland protection.

Who May Apply

• Eligibility: Natural and legal persons.
• Local Representation: Foreign applicants who do not maintain a local residence or principal place of business in Tanzania must appoint an authorized local trademark agent, advocate, or legal practitioner.
• Power of Attorney (POA): Required for local representation; typically executed as a simply signed Power of Attorney (Form TM/1 or equivalent local agency appointment form), though notarization may be requested depending on specific registry instructions.

Online Filing and Search

• Electronic Filing: Managed via the BRELA Online Registration System (ORS) portal for Mainland submissions.
• Trademark Search: Conducted via BRELA's official registry databases or professional clearance searches to screen prior conflicting rights prior to formal application.

Protectable Trademark Types

• Word marks, figurative elements, logos, devices, and combined marks.
• Applications and associated descriptions must be submitted in English or Kiswahili.

Classification

• System: Nice Classification.
• Multi-class Applications: Tanzania operates on a single-class application system per filing form (requiring separate independent applications for each individual Nice class).

Examination

• Scope: BRELA conducts formal administrative examinations (document completeness, applicant verification, classification checks) and substantive examinations covering absolute grounds (distinctiveness, public order, and morality) and relative grounds (prior conflicting rights on the national register).

Publication and Opposition

• Opposition System: Once approved by examiners, trademark applications are published in the official BRELA Patents, Trademarks and Service Marks Journal. Interested third parties may file a notice of opposition within 60 days from the publication date.

Timeframes

• Registration Timeline: Approximately 12 to 18 months for a straightforward, unopposed application process on Mainland Tanzania, subject to registry administrative workloads.

Official Fees

• Official statutory fee schedules are regulated by national regulations and denominated in Tanzanian Shillings (TZS) for local entities or pegged equivalents for foreign applicants.

Duration and Renewal

• Protection Term: Historically structured as 7 years for the initial term from the filing date, renewable for subsequent blocks of 10 years.
• Renewal Window: Can be renewed prior to expiration, backed by statutory late renewal grace periods subject to surcharges.

Use Requirements

• Non-Use Cancellation: A registered trademark is vulnerable to cancellation or revocation actions brought by any interested third party if it has not been put to genuine commercial use for a continuous period of 3 consecutive years.
• System Type: First-to-file.

Post-Registration Procedures

• Assignments, licensing agreements, changes of name, and changes of address must be formally recorded with BRELA to ensure legal effectiveness and enforceability against third parties.

Legal Remedies & Enforcement

• Enforcement: Handled via civil infringement proceedings before the High Court of Tanzania, injunctions, damages actions, and compliance with the Merchandise Marks Act (including mandatory recordals with regulatory bodies like the Fair Competition Commission for imported goods).

This article is for informational purposes only and does not constitute legal advice or consultation. To receive personalized and in-depth guidance tailored to your specific situation, we invite you to schedule a consultation.