In a landmark decision issued by the Court of Appeal of Tanzania on 26 September 2025, the court reaffirmed the principle of territoriality in trademark law and clarified that trademark registration under ARIPO (African Regional Intellectual Property Organization) is not enforceable in Tanzania unless domestically recognized.
This decision directly affects foreign companies and IP attorneys in Europe, the U.S., China, and India who rely on ARIPO’s Banjul Protocol to protect their intellectual property across Africa, including Tanzania and Zanzibar.
In Lakairo Industries Group Co. Ltd & Others v. Kenafrica Industries Ltd & Others, the 1st Respondent (Kenafrica Industries Ltd), a Kenyan company, claimed ownership of the trademarks “Pipi Kifua,” “Special Veve,” and “Orange Drops,” some of which were registered in Kenya and ARIPO (not Tanzania).
Kenafrica sued Lakairo in the High Court of Tanzania Commercial Division, alleging trademark infringement. The High Court initially ruled in favor of Kenafrica. However, on appeal, the Court of Appeal overturned the decision, declaring that ARIPO registrations do not carry legal protection in Tanzania unless the country has domestically ratified the protocol under which they were filed.
The central issue was whether ARIPO-registered trademarks under the Banjul Protocol could be enforced in Tanzania without local registration.
The Court held:
“Tanzania has not ratified the Banjul Protocol. Therefore, trademarks registered through ARIPO under this protocol do not enjoy protection under Tanzanian law.”
This means that even if a trademark is registered with ARIPO and designates Tanzania, it is not valid or enforceable unless it is also registered locally with the Tanzanian Registry of Trade and Service Marks.
The judgment firmly upholds the territoriality principle in intellectual property, stating:
“It is a settled law that a claim of infringement on a non-locally registered trademark is untenable… territorial registration of any trademark is so fundamental.”
Lakairo Industries Group Co Lim…
This principle aligns with similar jurisprudence from Uganda, Kenya, and international treaties like the Paris Convention, which Tanzania adheres to.
ARIPO Trademark Registrations DO NOT provide protection in Tanzania.
You must file directly with the Tanzanian trademark office (BRELA for Mainland or BPRA for Zanzibar) to obtain legal rights.
Failure to register locally means no enforcement rights, even in clear-cut cases of copying, imitation, or market confusion.
Inability to block infringing goods on the Tanzanian market
Loss of revenue and brand value due to imitation
Legal challenges may fail solely due to non-registration in Tanzania
At Eden Law Chambers, we specialize in helping international businesses and IP rights holders secure full protection in Tanzania Mainland, Zanzibar, and East Africa.
Advice on ARIPO vs national filings
Filing, renewal, and enforcement of Trademarks, Patents, and Designs
Trademark Watch & Customs Enforcement
IP litigation and oppositions
We serve clients from Europe, the U.S., India, China, and the GCC, helping you navigate Tanzania’s complex IP landscape with precision.
This decision makes it clear: To protect your brand in Tanzania, you must register it locally. ARIPO registrations alone are not enough.
If you’re launching or expanding in East Africa, consult Eden Law Chambers to ensure your trademarks are enforceable in Tanzania and Zanzibar.
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