The Fair Competition Commission (FCC) of Tanzania has confirmed that the country’s mandatory trade mark recordation programme is now fully operational.  This development is significant for brand owners seeking to strengthen customs enforcement, prevent counterfeit imports and protect trade mark rights in Tanzania.

FCC confirms greater flexibility for trade mark recordation

Following the Court of Appeal’s confirmation that ARIPO trade mark registrations designating Tanzania are not directly enforceable in Tanzania, the FCC initially restricted recordation applications to trade marks registered nationally in Tanzania.

The FCC has now indicated that ARIPO trade mark registrations designating Tanzania, as well as foreign trade mark registrations, may be accepted in support of recordation applications.  Applicants or their representatives must provide valid registration certificates issued by the relevant authority to verify the rights relied upon.

This clarification may provide additional options for brand owners seeking to record their trade marks for customs enforcement purposes in Tanzania.

Guidance on pending Tanzanian trade mark applications

The FCC has also clarified its position regarding trade mark applications that remain pending before the trade mark registry (BRELA).

According to the FCC:

  • Proof of advertisement of a pending Tanzanian trade mark application is not sufficient on its own to support a recordation application.
  • Where a corresponding foreign registration or ARIPO registration exists, the relevant registration certificate may be relied upon in support of the application.
  • Additional supporting documentation may be requested where appropriate.

Recordation of registered and unregistered trade marks

A recordation application cannot be based on a trade mark that is not registered.

In practical terms, where imported goods bear multiple trade marks, a recordation application may be filed on the basis of the registered trade mark, even if other marks appearing on the goods are not registered.  It is therefore not necessary for every mark appearing on the goods to be registered.

This guidance is particularly relevant for brand owners whose products display a combination of house marks, product marks and other branding elements.

Practical implications for brand owners

Although the FCC has shown a willingness to consider ARIPO and foreign registrations, approvals granted to date appear to have been based on national Tanzanian registrations.

National trade mark registration in Tanzania therefore remains the most reliable route to securing trade mark protection, obtaining FCC recordation and maximising customs enforcement opportunities.

Businesses importing goods into Tanzania should review their trade mark portfolios, recordation status and enforcement strategies to ensure that they are well positioned to benefit from the evolving framework.

How we can help

Our Africa-wide trade mark team regularly assists clients with trade mark registration, recordation programmes, customs enforcement and anti-counterfeiting strategies across the continent.  For further information regarding trade mark protection in Tanzania or elsewhere in Africa, please お問い合わせ.

Visit the interactive map on our 地域 page for more information on IP law in Tanzania and other African countries, or find out more about our trade mark expertise in Africa.