Trademark Registration in Zanzibar: Protecting Your Brand Under Zanzibar Law

Zanzibar is an important market for international hotel groups, tourism businesses, property developers, restaurants, retailers and other businesses establishing a commercial presence on the islands.

For businesses entering this market, trademark protection should be considered alongside the wider investment and market-entry strategy.

A key distinction is that trademark registration in Zanzibar is administered separately from Mainland Tanzania. A business that already has trademark protection on the Mainland should therefore consider its Zanzibar position separately rather than assuming that its existing registration provides the protection required for activities in Zanzibar.

Trademark Protection Under Zanzibar Law

Trademark protection in Zanzibar is principally governed by the Zanzibar Industrial Property Act No. 4 of 2008. The registration system is administered by the Zanzibar Business and Property Registration Agency (BPRA).

This differs from Mainland Tanzania, where national trademark applications are administered through BRELA under the Trade and Service Marks Act.

For a business operating across both jurisdictions, the practical question is therefore not simply whether it has a trademark registered in Tanzania. The business should consider whether its trademark portfolio provides appropriate protection in the markets where the brand will actually be used.

Our Trademark Registration in Tanzania guide discusses the wider Mainland and Zanzibar position.

Why Zanzibar Protection Matters for Foreign Brands

An international business may enter Zanzibar through a hotel or resort, property development, tourism venture, restaurant, franchise, retail operation, distribution arrangement or another commercial investment.

Its brand can become visible well before the underlying business begins operating. It may appear in negotiations, project material, websites, reservation platforms, advertising or communications with prospective customers.

For an established international company, that brand may already carry considerable commercial value.

It is therefore sensible to consider the Zanzibar trademark position before substantial market exposure, rather than waiting until the business has launched or a conflicting right emerges.

This is especially relevant where a company has operated in Mainland Tanzania for some time and is now expanding into Zanzibar. A change in the geographical footprint of the business may also justify reviewing the geographical scope of its trademark portfolio.

What Should the Business Protect?

The name of the company operating a business and the brand recognized by customers may be entirely different.

A hotel may operate through a locally incorporated company while trading under an international hotel brand. A property developer may market individual developments under separate names. A restaurant group may operate several brands through one corporate structure.

Registering a company or business name should therefore not be treated as a substitute for considering trademark protection.

The trademark strategy should follow the commercial identity of the business and the goods or services associated with the relevant brand.

BPRA’s current registration framework requires the goods or services associated with an application to be identified according to the Nice Classification.

Before Introducing a Brand to Zanzibar

An earlier trademark search can help identify potentially conflicting rights before significant resources are committed to a brand.

This can be particularly valuable for a foreign company that already uses the mark internationally and intends to introduce the same brand into Zanzibar.

Discovering a potential conflict before opening premises, launching advertising or entering substantial commercial arrangements gives the business greater opportunity to assess its legal position.

A search result should nevertheless be evaluated in context. The existence of another mark does not by itself determine whether the proposed mark can be registered or used. The respective marks, goods or services and existing rights may all require consideration.

Registration, Publication and Opposition

Trademark applications in Zanzibar are made through BPRA. Its current framework provides for an application identifying the applicant, the mark and the relevant goods or services. It also provides for representation by an agent where applicable.

Applications reaching the appropriate stage are published, allowing third parties with relevant grounds an opportunity to oppose registration. BPRA currently maintains a dedicated notice of opposition as part of its trademark framework.

For investors and brand owners, the important point is not the mechanics of completing registry forms but ensuring that the application properly reflects the rights the business intends to protect.

Businesses requiring representation can visit our Trademark Registration Services in Tanzania and Zanzibar page.

Protecting a Trademark After Registration

Trademark management does not end when registration is obtained.

Businesses change ownership, brands are transferred or licensed, corporate groups restructure and registrations require renewal.

BPRA’s current framework provides separately for trademark renewals, removal on grounds of non-use, recording changes in ownership and changes to the register.

These issues can become particularly significant during an acquisition or restructuring. A business may trade under a valuable brand without the operating company necessarily being the registered owner.

For investors acquiring an existing Zanzibar business, the ownership and registration of important brands may therefore deserve attention as part of the wider transaction.

Trademarks in Zanzibar’s Hospitality and Investment Market

Brand protection has particular commercial relevance in Zanzibar’s hospitality and tourism economy.

Hotels, resorts, restaurants and branded developments often depend heavily on the reputation attached to their names.

An international hotel or restaurant brand may also be used through a management, franchise or licensing arrangement rather than owned by the Zanzibar operating company. The commercial arrangements should therefore make clear who owns the brand, who may use it and what happens to those rights when the relationship ends.

Trademark rights in such businesses are consequently more than registration formalities. They can form part of the commercial structure underlying the investment itself.

Trademark Experience in Zanzibar and Tanzania

Eden Law Chambers advises local businesses, international companies and foreign intellectual property counsel on trademark protection in Zanzibar and Mainland Tanzania.

Our trademark practice has handled:

• 525+ new trademark applications in Tanzania Mainland and Zanzibar;
• 284+ trademark renewals and assignments across Mainland Tanzania and Zanzibar; and
• 127+ new trademark applications and renewals through ARIPO and other African jurisdictions.

Our work includes new applications, searches, oppositions, renewals, assignments, ownership recordals, portfolio management and enforcement.

Businesses with wider African portfolios can also read our ARIPO Trademarks in Tanzania analysis rather than relying on a regional filing assumption for their Zanzibar protection.

Protecting Your Trademark in Zanzibar

A business entering Zanzibar should consider its trademark position before the brand becomes extensively exposed in the market.

For an international company, that may mean reviewing whether an existing Tanzania or African portfolio adequately addresses Zanzibar. For an established business, it may mean maintaining registrations and ensuring that recorded ownership remains consistent with the current corporate structure.

Eden Law Chambers can advise on both new and existing trademark portfolios. For broader intellectual property support, visit our Intellectual Property Lawyers in Tanzania, Zanzibar and Africa page.