Generally, it is impossible obtain trademark registration and protection over the whole United Republic of Tanzania, through a national filling, as Trademark registration and administration are governed separately between Tanganyika and Zanzibar.
Table of contents
- Trademark Registration
- Multi-class applications
- What can be registered as a trademark in Tanzania?
- Minimum requirements for filing Trademark Registration applications in Tanganyika and Zanzibar (Tanzania):
- Examination of Trademark application:
- Grant of Certificate of Trademark Registration, Validity, and Renewal.
- Approximated time frame to register trademark in Tanganyika and Zanzibar:
- Cancellation/Invalidation of Trademark registration.
- Required Documents For Trademark Renewal:
- Required Documents for the Recordial of Change of Name/Address or Merger:
- Documents Required for Assignment of Trademark Registration:
- Further Information:
Trademark Registration
The United Republic of Tanzania is the union of two independent states, Tanganyika (Tanzania Mainland) and Zanzibar. There are several union matters, however Intellectual Property Rights is not among them.
Intellectual Property rights are governed separately and independently of each state, as such the company or persons who wants to protect their Intellectual Property though national filling, will have to file separate applications on each of the two regions of the union that is to say, one should file an application on Tanzania Mainland and another application in Zanzibar for one to be accorded protection all over the United Republic of Tanzania.
The same applies to the trademark registration and protection, there shall be filled two separately applications on both part of the Union for one to be accorded the protection of his Trademark Registration all over the united Republic of Tanzania.
Multi-class applications
The United Republic of Tanzania is a member of Paris Convention, As such Tanzania, follows the International Classification of Goods and Services on Trademark Registration. A trademark application in Tanzania may be filed in respect of several classes of the international classification.
However, both Tanzania Mainland and Zanzibar do not allow Multi-class applications. As such, each trademark under each class shall be filled on a separate application.
What can be registered as a trademark in Tanzania?
Word, figurative, three-dimensional and other elements or a combination thereof may be registered as a trademark in Tanzania.
A trademark may be registered in black & white or in any color or combination of colors.
Minimum requirements for filing Trademark Registration applications in Tanganyika and Zanzibar (Tanzania):
- The Company name and the address of the applicant,
- 1 print of the mark. Only soft copy of the mark which shall be sent electronically will suffice,
- A list of the goods/services related to the Trademark, should be in English (Word format) and in accordance with the International Classification of Goods and Services for the Purpose of the Registration of Marks,
- Priority document, if priority is to be claimed. A certified copy of such a document with its certified translation if not in English.
- Power of Attorney appointing Agent, in the name of the applicant, simply signed by the authorized person at the company, indicating full name, position in the company, date & place of signature (Notarization or Legalization is not required).
Examination of Trademark application:
- Upon filing a Trademark application, the application will be examined on its formality to confirm whether it has compiled with the filing requirements, thereafter it will be subjected to substantive examination.
- During the substantive examination of trademark registration application and before the issuance of the Trademark Registrar’s Decision, the applicant has the right to amend, clarify, or correct the materials of the application, including the submission of supplementary materials.
- The list of goods/services may be amended only by deleting items and not by adding.
- Extra supplementary materials may be requested by the Examiner and should be submitted within two months from the date of receipt of the official letter of request, otherwise the trademark application shall be considered as withdrawn.
Grant of Certificate of Trademark Registration, Validity, and Renewal.
Once the Trademark is published and no opposition notice is received by the registrar, within the provided timeline of 60 days, the applicant or his agent, shall proceed to pay the official fee for trademark registration and upon receipt of the fee the registrar will issue a certificate of trademark registration.
A trademark registration in Tanzania Mainland and Zanzibar is valid for first 7 & 10 years, respectively, from the date of filing the application and may be renewed at the owner’s request for 10 & 7 years periods, respectively, for an unlimited number of times.
A request for trademark renewal should be filed during or before three (3) months of the last year of the trademark validity term. This term may be extended by a six-month grace period on condition that the owner has to pay surcharge fee for late renewal. Reinstatement of a lapsed trademark after grace period expiry is not possible.
Approximated time frame to register trademark in Tanganyika and Zanzibar:
The straight-forward Trademark registration process from the date of filing until the issuance of the certificate of registration (if there is no refusal, rejection, amendments or requests for supporting documents) usually completed within the minimum of 6 months as indicated below:
1) The official filing receipt is issued immediately upon filing, while the official notification for formality and substantive examination report and acceptance/refusal of the application by the registry may be issued within 2 month from the date of filing.
2) Thereafter, upon acceptance the application will proceed to publication in the monthly IP Journal, for 60 days (2 months) from the date of publication.
3) If no Opposition notice is received, then the Certificate of Registration will be issued within 2 months from the date of receipt of the official fees for registration.
Cancellation/Invalidation of Trademark registration.
The trademark registration may be cancelled by the owner at any time if he so wishes. But it may be subjected to Cancellation upon third party request application, if it remained continuously unused within any three years. However, the application for Cancellation/Invalidation can only be filled five years after Trademark’s official registration.
Required Documents For Trademark Renewal:
1) Simply signed & stamped Power of Attorney no Notarization or Legalization Required.
2) Details of the trademark (Number of Registration, full name and address of the Owner) or copy of the Registration Certificate.
Please Note:
Time frame to obtain the Renewal notice or certificate is 30 days as from the filing date of the subject renewal.
Required Documents for the Recordial of Change of Name/Address or Merger:
1- Certificate or Extract from the Commercial Register or Article of Association attesting the official change of name/address/merger. All documents should be duly notarized only. Legalization/Apostille is not required.
2- Power of Attorney in the new name sealed & signed by the authorized person at the company indicating full name, position in the company, date & place of signature (Legalization/Apostille is not required).
3- List of trademark registrations/application and their details including: trademark name, registration number, registration date & number of classes or services.
Please Note:
• Please note that Recordal of change of name/address/merger is obligatory in Tanzania.
• Time frame to obtain the certificates of change of name/address/merger is 30 days as from the filing date of the subject recordal.
Documents Required for Assignment of Trademark Registration:
1. Clear scanned copy of an agreement on assignment of exclusive rights of a trademark registration. The copies of the agreement can be sent to our office email address.
2. Power of Attorney signed and sealed by either parties, preferably the assignor. Notarization/ legalization are not required.
Please Note:
• Recordal of assignment is obligatory in Tanzania.
• Time frame to complete the Recordal of assignment of Trademark Registration is within 30 days as from the filing date of the subject recordal of assignment.
Further Information:
At Eden Law Chambers, we assist Clients to register Trademark in Tanzania and provide all Post-registration services such as renewal, assignment and recordal of change of name or Merger. Further, we offer Trademark Watch Services in United Republic of Tanzania and Africa. This article is intended to give you a general overview of the Trademark registration Procedure in United Republic of Tanzania. If you would like further information on how to register trademark and clarification on any issue raised in this article, please contact;
Managing Partner
Email; info@edenlawchambers.co.tz
Mobile; +255717141907
