1. Introduction
Trademark registration is a crucial step for businesses, ensuring territorial protection and distinguishing their products or services. However, it’s imperative to understand that the processes in Tanzania Mainland (Tanganyika) and Zanzibar are distinct, and governed by separate laws. This article aims to elucidate the disparities between the two countries, the registration procedures, prerequisites, duration and the intricacies involved in safeguarding intellectual property.
2. Trademark Registration Process:
The registration process entails a series of steps that businesses or international agents should adhere to when applying for trademark registration in Tanzania Mainland (Tanganyika) and Zanzibar.
I. Preliminary and Formal Trademark Search
Although not mandatory, a preliminary search is advisable to prevent potential conflicts. This involves conducting thorough research both online and within the Trademark Registry to ascertain whether the proposed trademark has been adopted by another entity.
II. Filing an Application
In Tanzania Mainland (Tanganyika), applications are submitted online, whereas in Zanzibar, physical filing is required. Documentation, including the trademark image, Power of Attorney, and Priority document (if applicable), must accompany each application.
III. Examination
The Registrar of Trademarks examines the trademark within one month, issuing an official action indicating acceptance, acceptance with conditions, or refusal. Notably, Tanzania Mainland (Tanganyika) may impose conditions like disclaimers or associations, unlike Zanzibar.
IV. Publication
Accepted trademarks are published in the Official Journal in both Tanzania Mainland (Tanganyika) and Zanzibar for a 60-day opposition period.
V. Opposition
If opposition occurs within two months of publication, the Trademarks Registry investigates and may conduct a hearing to determine its validity.
VI. Issuance of Registration Certificate:
Upon the lapse of the opposition period without objections, the registrar issues the registration certificate. Tanzania Mainland (Tanganyika) issues electronic certificates, while Zanzibar retains physical certificates.
3. Requirements
Trademark application requirements are uniform in both Tanzania Mainland (Tanganyika) and Zanzibar:
- Full name, physical address, and nationality of the applicant.
- Simply signed and scanned Power of Attorney.
- Trademark image (for device/logo).
- Priority Document (if claimed) with an English translation.
- Specification of Goods and/or Services, which can be the Class Heading.
- For individual applicants, a copy of the passport.
4. Official Actions
During examination, the registrar may issue conditions, such as disclaimers or association, for the applicant to fulfill.
5. Duration of Protection
Tanzania Mainland (Tanganyika) grants a 7-year protection period, renewable for successive 10-year periods. Zanzibar provides 10-year protection, renewable for successive 7-year periods.
6. Conclusion
Trademarks play a pivotal role in branding and business success. Establishing a unique trademark protects intellectual property and differentiates products or services.
For comprehensive guidance on trademark matters in Tanzania Mainland (Tanganyika), Zanzibar, and ARIPO, contact us at Extent Corporate Advisory (info@extentadvisory.co.tz).