Conducting Search.

Trademark search is not compulsory in Tanzania Mainland. The search is always conducted to identify if the pro-posed mark is identical with or similar to a registered mark. The major advantage of conducting search is to reduce the degree of uncertainty.
It is therefore worthwhile to conduct search before filing a trademark appli-cation.

Filing a Trademark Application

Tanzania follows a single class filing system and recognises both goods and services classes in terms of the Nice Clas-sification. Filings are done through the Business Registration and Licensing Agency (BRELA) Online system.
Required documents: Scanned Copy of Power of Attorney.
NB: No legalization, and notarization of Power of Attorney.

Examination.

The Registrar will review the application to make sure that the trademark meets the requirements prescribed by the Trade and Services Marks Act (Tanzania).
The trademark application may be refused entirely if the proposed trademark lacks distinctiveness, is a prohibited mark or is identical or similar with the mark already in. the register or pending registration.
When the trademark application is refused or accepted on certain conditions, the trademark Office gives an opportunity to the applicant to argue against the objec-tions raised by the Examiner by way of Considered Reply by supplying additional evidence and/or making amendment to the application.

Advertisement/Publication.

The advertisement is done in the official journal of Patents and Trade/ Service Marks for Tanzania Mainland. The adver-tisement/publication is made for 60 days in the aforementioned Journal and Ga-zette.
The main purpose of advertisement of the mark is to call for anyone who has interest to the advertised mark to oppose the reg-istration of the said mark in the register of trade and service mark in Tanzania Main-land.
NB: The Registrar has a discretion pow-er/mandate to publish the mark before acceptance

Opposition.

Any person who wishes to oppose the application is required to file a notice of opposition within sixty (60) days to the Registrar so that the mark should not be registered in favor of the applicant.

Duration.

Trade mark registrations are valid for 7 years from the date of filing and may be renewed indefinitely for 10-year periods thereafter.
A registered trade mark may be can-celled on action by an interested party if it has not been used for a continuous period of 3 years after the date of regis-tration.